| 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 "The I.T. Pros", the
Registration Service Provider ("Reseller").
Any reference to a "registry," "Registry"
or "Registry Operator" shall refer to the registry
administrator of the applicable TLD or ccTLD. This Agreement
explains our obligations to you, and explains your obligations
to us for the Services. By agreeing to the terms and conditions
set forth in this Agreement, you are also agreeing to
be bound by the rules and regulations set forth by a registry
for that particular registry only.
2. SELECTION OF A DOMAIN NAME. You
acknowledge and agree that we cannot guarantee that
you will obtain a desired domain name registration,
even if an inquiry indicates that a domain name is available
at the time of your application for same. You represent
that, to the best of the your knowledge and belief,
neither the registration of the domain name nor the
manner in which it is directly or indirectly to be used,
infringes upon the legal rights of a third party and
further, that the domain name is not being registered
for nor shall it at any time whatsoever be used for
any unlawful purpose.
3. FEES. As consideration for the
Services, you agree to pay Reseller the applicable service(s)
fees prior to the effectiveness of a desired domain
name registration or any renewal thereof. All fees payable
hereunder are non-refundable even if your domain name
registration is suspended, cancelled or transferred
prior to the end of your current registration term.
As further consideration for the Services, you agree
to: (1) provide certain current, complete and accurate
information about you as required by the registration
process, and (2) maintain and update this information
as needed to keep it current, complete and accurate.
All such information shall be referred to as account
information ("Account Information"). You represent
that the Account Information and all other statements
put forth in your application are true, complete and
accurate. Both Tucows and each registry reserves the
right to terminate your domain name registration if:
(i) information provided by you or your agent is false,
inaccurate, incomplete, unreliable, misleading or otherwise
secretive; or (ii) you have failed to maintain, update
and keep your Account Information true, current, complete,
accurate and reliable. You acknowledge that a breach
of this Section 3 will constitute a material breach
of our Agreement which will entitle either us or a registry
to terminate this Agreement immediately upon such breach
without any refund and without notice to you.
4. TERM. This Agreement will remain
in effect during the term of your domain name registration
as selected, recorded and paid for at the time of registration
or any renewal thereof. Should the domain name be transferred
to another registrar, the terms and conditions of this
Agreement shall cease.
5. MODIFICATIONS TO AGREEMENT. You
acknowledge that the practice of registering and administering
domain names is constantly evolving; therefore, you
agree that Tucows may modify this Agreement, or any
other related and/or applicable agreement, as is necessary
to comply with its agreements with ICANN, a registry
or any other entity or individual, as well as to adjust
to changing circumstances. Your continued use of the
domain name registered to you will constitute your acceptance
of this Agreement with any revisions. If you do not
agree to any change, you may request that your domain
name registration be cancelled or transferred to a different
accredited registrar. You agree that such cancellation
or request for transfer will be your exclusive remedy
if you do not wish to abide by any change to this Agreement,
or any other related and/or applicable agreement.
6. MODIFICATIONS TO YOUR ACCOUNT.
In order to change any of your account information with
us, you must use the Account Identifier and Password
that you selected when you opened your account with
us. You agree to safeguard your Account Identifier and
Password from any unauthorized use. In no event shall
we be liable for the unauthorized use or misuse of your
Account Identifier or Password.
7. NO GUARANTY. You acknowledge that
registration or reservation of your chosen domain name
does not confer immunity from objection to the registration,
reservation or use of the domain name.
8. DOMAIN NAME DISPUTES. You agree
that, if the registration or reservation of your domain
name is challenged by a third party, you will be subject
to the provisions specified in the dispute policy adopted
by the applicable registry. You agree that in the event
a domain name dispute arises with any third party, you
will indemnify and hold us harmless pursuant to the
terms and conditions contained in the applicable policy.
If Tucows is notified that a complaint has been filed
with a judicial or administrative body regarding your
domain name, Tucows may, at its sole discretion, suspend
your ability to use your domain name or to make modifications
to your registration records until (i) Tucows is directed
to do so by the judicial or administrative body, or
(ii) Tucows receives notification by you and the other
party contesting your domain that the dispute has been
settled. Furthermore, you agree that if you are subject
to litigation regarding your registration or use of
your domain name, Tucows may deposit control of your
registration record into the registry of the judicial
body by supplying a party with a registrar certificate
from us.
9. POLICY. You agree that your registration
of the domain name shall be subject to suspension, cancellation,
or transfer pursuant to a Tucows, registry, ICANN or
government-adopted policy, or pursuant to any registrar
or registry procedure not inconsistent with a Tucows,
registry, ICANN or government-adopted policy, (1) to
correct mistakes by us or a registry in registering
the name or (2) for the resolution of disputes concerning
the domain name.
10. AGENCY. Should you intend to license
use of a domain name to a third party you shall nonetheless
be the domain name holder of record and are therefore
responsible for providing your own full contact information
and for providing and updating accurate technical and
administrative contact information adequate to facilitate
timely resolution of any problems that arise in connection
with the domain name. You shall accept liability for
harm caused by wrongful use of the domain name. You
represent that you will secure the agreement of any
third party to the terms and conditions in this Agreement
11. ANNOUNCEMENTS. We reserve the
right to distribute information to you that is pertinent
to the quality or operation of our services and those
of our service partners. These announcements will be
predominately informative in nature and may include
notices describing changes, upgrades, new products or
other information to add security or to enhance your
identity on the Internet.
12. LIMITATION OF LIABILITY. You agree
that our entire liability, and your exclusive remedy,
with respect to any Services(s) provided under this
Agreement and any breach of this Agreement is solely
limited to the amount you paid for the initial registration
of your domain name. Tucows and its directors, employees,
affiliates, subsidiaries, agents and third party providers,
ICANN and the applicable registries shall not be liable
for any direct, indirect, incidental, special or consequential
damages resulting from the use or inability to use any
of the Services or for the cost of procurement of substitute
services. Because some states do not allow the exclusion
or limitation of liability for consequential or incidental
damages, in such states, our liability is limited to
the extent permitted by law. We disclaim any and all
loss or liability resulting from, but not limited to:
(1) loss or liability resulting from access delays or
access interruptions; (2) loss or liability resulting
from data non-delivery or data mis-delivery; (3) loss
or liability resulting from acts of God; (4) loss or
liability resulting from the unauthorized use or misuse
of your account identifier or password; (5) loss or
liability resulting from errors, omissions, or misstatements
in any and all information or services(s) provided under
this Agreement; (6) loss or liability resulting from
the interruption of your Service. You agree that we
will not be liable for any loss of registration and
use of your domain name, or for interruption of business,
or any indirect, special, incidental, or consequential
damages of any kind (including lost profits) regardless
of the form of action whether in contract, tort (including
negligence), or otherwise, even if we have been advised
of the possibility of such damages.
13. INDEMNITY. You agree to release,
indemnify, and hold Tucows, its contractors, agents,
employees, officers, directors and affiliates, ICANN,
the applicable registries and their respective directors,
officers, employees, agents and affiliates harmless
from all liabilities, claims and expenses, including
attorney's fees, of third parties arising out of or
relating to the registration or use of the domain name
registered in your name , whether used by yourself,
licensed to a third party or pursuant to the Whois Privacy
Service, including without limitation infringement by
you or a third party with access to your Account Identifier
and Password. You also agree to release, indemnify and
hold us harmless pursuant to the terms and conditions
contained in the applicable Dispute Policy. When we
are threatened with suit by a third party, we may seek
written assurances from you concerning your promise
to indemnify us; your failure to provide those assurances
may be considered by us to be a breach of your Agreement
and may result in the suspension or cancellation of
your domain name. This indemnification obligation will
survive the termination or expiration of this Agreement.
14. TRANSFER OF OWNERSHIP. The person
named as Registrant on the Whois shall be the registered
name holder. The person named as Administrative contact
at the time the controlling Account Identifier and Password
are secured, shall be deemed the designate of the Registrant
with the authority to manage the domain name. You agree
that prior to transferring ownership of your domain
name to another person (the "Transferee")
you shall require the Transferee to agree, in writing
to be bound by all the terms and conditions of this
Agreement. If the Transferee fails to be bound in a
reasonable fashion (as determine by us in our sole discretion)
to the terms and conditions in this Agreement, any such
transfer will be null and void.
15. BREACH. You agree that failure
to abide by any provision of this Agreement, any operating
rule or policy or the Dispute Policy provided by us,
may be considered by us to be a material breach and
that we may provide a written notice, describing the
breach, to you. If within thirty (30) calendar days
of the date of such notice, you fail to provide evidence,
which is reasonably satisfactory to us, that you have
not breached your obligations under the Agreement, then
we may delete the registration or reservation of your
domain name. Any such breach by you shall not be deemed
to be excused simply because we did not act earlier
in response to that, or any other breach by you.
16. DISCLAIMER OF WARRANTIES. You
agree that your use of our Services is solely at your
own risk. You agree that such Service(s) is provided
on an "as is," "as available" basis.
We expressly disclaim all warranties of any kind, whether
express or implied, including but not limited to the
implied warranties of merchantability, fitness for a
particular purpose and non-infringement. We make no
warranty that the Services will meet your requirements,
or that the Service(s) will be uninterrupted, timely,
secure, or error free; nor do we make any warranty as
to the results that may be obtained from the use of
the Service(s) or as to the accuracy or reliability
of any information obtained through the Service or that
defects in the Service will be corrected. You understand
and agree that any material and/or data downloaded or
otherwise obtained through the use of Service is done
at your own discretion and risk and that you will be
solely responsible for any damage to your computer system
or loss of data that results from the download of such
material and/or data. We make no warranty regarding
any goods or services purchased or obtained through
the Service or any transactions entered into through
the Service. No advice or information, whether oral
or written, obtained by you from us or through the Service
shall create any warranty not expressly made herein.
17. INFORMATION. As part of the registration
process, you are required to provide us certain information
and to update us promptly as such information changes
such that our records are current, complete and accurate.
You are obliged to provide us the following information:
(a) your name and postal address (or, if different,
that of the domain name holder);
(b) the domain name being registered;
(c) the name, postal address, e-mail address, and voice
and fax (if available) telephone numbers of the administrative
contact for the domain name;
(d) the name, postal address, e-mail address, and voice
and fax (if available) telephone numbers of the billing
contact for the domain name; and
(e) the name, postal address, e-mail address, and voice
and fax (if available) telephone numbers of the technical
contact for the domain name.
Any voluntary information we request is collected in
order that we can continue to improve the products and
services offered to you through your Reseller.
18. DISCLOSURE AND USE OF REGISTRATION INFORMATION.
You agree and acknowledge that we will make domain name
registration information you provide available to ICANN,
to the registry administrators, law enforcement agencies
and to other third parties as applicable. You further
agree and acknowledge that we may make publicly available,
or directly available to third party vendors, some or
all, of the domain name registration information you
provide, for purposes of inspection (such as through
our Whois service) or other purposes as required or
permitted by ICANN and applicable laws.
(a) You hereby consent to any and all such disclosures
and use of, and guidelines, limits and restrictions
on disclosure or use of, information provided by you
in connection with the registration of a domain name
(including any updates to such information), whether
during or after the term of your registration of the
domain name. You hereby irrevocably waive any and all
claims and causes of action you may have arising from
such disclosure or use of your domain name registration
information by us.
(b) You may access your domain name registration information
in our possession to review, modify or update such information,
by accessing our domain manager service, or similar
service, made available by us through your Reseller.
(c) We will not process or maintain data about any
identified or identifiable natural person that we obtain
from you in a way incompatible with the purposes and
other limitations which we describe in this Agreement.
(d) We will take reasonable precautions to protect
the information we obtain from you from our loss, misuse,
unauthorized disclosure, alteration or destruction of
that information.
19. OBLIGATION TO MAINTAIN WHOIS.
Your wilful provision of inaccurate or unreliable information,
your wilful failure promptly to update information provided
to us, or any failure to respond to inquiries by us
addressed to the email address of the registrant, the
administrative, billing or technical contact appearing
in the Whois directory with respect to a domain name
concerning the accuracy of contact details associated
with the registration shall constitute a material breach
of this Agreement and be a basis for cancellation of
the domain name registration. Any information collected
by us concerning an identified or identifiable natural
person ("Personal Data") will be used in connection
with the registration of your domain name(s) and for
the purposes of this Agreement and as required or permitted
by ICANN or an applicable registry policy.
20. REVOCATION. We, in our sole discretion,
reserve the right to deny, cancel, suspend, transfer
or modify any domain name registration to correct a
mistake, protect the integrity and stability of the
company and any applicable registry, to comply with
any applicable laws, government rules, or requirements,
requests of law enforcement, in compliance with any
dispute resolution process, or to avoid any liability,
civil or criminal. You agree that we shall not be liable
to you for loss or damages that may result from our
refusal to register or cancel, suspend, transfer or
modify your domain name registration.
21. INCONSISTENCIES WITH REGISTRY POLICIES.
In the event that this Agreement may be inconsistent
with any term, condition, policy or procedure of an
applicable registry, the term, condition, policy or
procedure of the applicable registry shall prevail.
22. NON-WAIVER. Our failure to require performance
by you of any provision hereof shall not affect the
full right to require such performance at any time thereafter;
nor shall the waiver by us of a breach of any provision
hereof be taken or held to be a waiver of the provision
itself.
23. NOTICES. Any notice, direction
or other communication given under this Agreement shall
be in writing and given by sending it via e-mail or
via regular mail. In the case of e-mail, valid notice
shall only have been deemed to be given when an electronic
confirmation of delivery has been obtained by the sender.
E-mail notification to Tucows must be sent to lhutz@tucows.com.
Any notice to you will be sent to the e-mail address
provided by you in your Whois record. Any e-mail communication
shall be deemed to have been validly and effectively
given on the date of such communication, if such date
is a business day and such delivery was made prior to
4:00 p.m. EST, otherwise it will be deemed to have been
delivered on the next business day. In the case of regular
mail notice, valid notice shall be deemed to have been
validly and effectively given five (5) business days
after the date of mailing Postal notices to Tucows shall
be sent to:
TUCOWS.com Co..
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1 CANADA
Attention: Legal Affairs
and in the case of notification to you shall be sent
to the address specified in the "Administrative
Contact" in your Whois record.
24. ENTIRETY. You agree that this
Agreement, the applicable dispute policy and the rules
and policies published by Tucows and any applicable
registry or other governing authorities are the complete
and exclusive agreement between you and us regarding
our Services.
25. GOVERNING LAW. THIS AGREEMENT
SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN
ACCORDANCE WITH THE LAWS OF PROVINCE OF ONTARIO AND
THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT
REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION
RELATING TO THIS AGREEMENT MUST BE BROUGHT IN ONTARIO
AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH
COURTS.
26. INFANCY. You attest that you are
of legal age to enter into this Agreement.
27. FORCE MAJEURE. You acknowledge
and agree that neither we nor the applicable registry
shall be responsible for any failures or delays in performing
our respective obligations hereunder arising from any
cause beyond our reasonable control, including but not
limited to, acts of God, acts of civil or military authority,
fires, wars, riots, earthquakes, storms, typhoons and
floods.
28. PRIVACY. Information collected
about you is subject to the terms of Tucows' privacy
policy, the terms of which are hereby incorporated by
reference. Tucows' privacy policy can be found at: http://www.tucows.com/privacy.html
29. CONTROLLING LANGUAGE. In the event
that you are reading this Agreement in a language other
than the English language, you acknowledge and agree
that the English language version hereof shall prevail
in case of inconsistency or contradiction in interpretation
or translation.
30. TLD'S. The following additional
provisions apply to any domain names that you register
through Tucows with the various registries:
(a) .com/net Domains: In the case of a ".com"
or ".net" registration, the following terms
and conditions will apply:
(i) Submission to UDRP. Registrant agrees to submit
to proceedings under ICANN's Uniform Domain Dispute
Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry;
these policies are subject to modification.
(b) .org Domains: In the case of a ".org"
registration, the following terms and conditions will
apply:
(i) Submission to UDRP. Registrant agrees to submit
to proceedings under ICANN's Uniform Domain Dispute
Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry.
These policies are subject to modification.
(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) 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.
(e) .name Domains. In the case of a ".name"
registration, the following terms and conditions will
apply:
(i) .name Restrictions. Registrations in the .name top-level
domain must constitute an individual's "Personal
Name". For purposes of the .name restrictions (the
"Restrictions"), a "Personal Name"
is a person's legal name, or a name by which the person
is commonly known. A "name by which a person is
commonly known" includes, without limitation, a
pseudonym used by an author or painter, or a stage name
used by a singer or actor.
(ii) .name Representations. As a .name domain name
registrant, you hereby represent that:
(A) the registered domain name or second level domain
("SLD") e-mail address is your Personal Name.
(B) the data provided in the domain name registration
application is true, correct, up to date and complete
and that you will continue to keep all of the information
provided correct, current and complete,
(C) to the best of the your knowledge and belief, neither
this registration of a domain name nor the manner in
which it is directly or indirectly to be used infringes
upon the legal rights of a third party;
(D) that the domain name is not being registered for
nor shall it at any time whatsoever be used for any
unlawful purpose whatsoever;
(E) the registration satisfies the Eligibility Requirements
found at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
and
(F) you have the authority to enter into this Registration
Agreement.
(iii) E-mail Forwarding Services. The Services for which
you have registered may, at your option, include e-mail
forwarding. To the extent you opt to use e-mail forwarding,
you are obliged to do so in accordance with all applicable
legislation and are responsible for all use of e-mail
forwarding, including the content of messages sent through
e-mail forwarding.
You undertake to familiarize yourself with the content
of and to comply with the generally accepted rules for
Internet and e-mail usage. This includes, but is not
limited to the Acceptable Use Policy, available at http://www.nic.name/downloads/aup.pdf
as well as the following restrictions. Without prejudice
to the foregoing, you undertake not to use e-mail forwarding:
(A) to encourage, allow or participate in any form of
illegal or unsuitable activity, including but not restricted
to the exchange of threatening, obscene or offensive
messages, spreading computer viruses, breach of copyright
and/or proprietary rights or publishing defamatory material;
(B) to gain illegal access to systems or networks by
unauthorized access to or use of the data in systems
or networks, including all attempts at guessing passwords,
checking or testing the vulnerability of a system or
network or breaching the security or access control
without the sufficient approval of the owner of the
system or network;
(C) to interrupt data traffic to other users, servers
or networks, including, but not restricted to, mail
bombing, flooding, Denial of Service (DoS) attacks,
wilful attempts to overload another system or other
forms of harassment; or
(D) for spamming, which includes, but is not restricted
to, the mass mailing of unsolicited e-mail, junk mail,
the use of distribution lists (mailing lists) which
include persons who have not specifically given their
consent to be placed on such distribution list. Users
are not permitted to provide false names or in any other
way to pose as somebody else when using e-mail forwarding.
(iv) Registry reserves the right to implement additional
anti-spam measures, to block spam or mail from systems
with a history of abuse from entering Registry's e-mail
forwarding. However, due to the nature of such systems,
which actively block messages, Registry shall make public
any decision to implement such systems a reasonable
time in advance, so as to allow you or us to give feedback
on the decision.
(v) You understand and agree that Registry may delete
material that does not conform to clause (c) above or
that in some other way constitutes a misuse of e-mail
forwarding. You further understand and agree that Registry
is at liberty to block your access to e-mail forwarding
if you use e-mail forwarding in a way that contravenes
this Agreement. You will be given prior warning of discontinuation
of the e-mail forwarding unless it would damage the
reputation of Registry or jeopardize the security of
Registry or others to do so. Registry reserves the right
to immediately discontinue e-mail forwarding without
notice if the technical stability of e-mail forwarding
is threatened in any way, or if you are in breach of
this Agreement. On discontinuing e-mail forwarding,
Registry is not obliged to store any contents or to
forward unsent e-mail to you or a third party.
(vi) You understand and agree that to the extent either
we and/or Registry is required by law to disclose certain
information or material in connection with your e-mail
forwarding, either we and/or Registry will do so in
accordance with such requirement and without notice
to you.
(vii) Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred
a domain name to us from another registrar, you agree
to be bound by the dispute policy that is incorporated
herein and made a part of this Agreement by reference.
You hereby acknowledge that you have read and understood
and agree to be bound by the terms and conditions of
the following documents, as they may be amended from
time to time, which are hereby incorporated and made
an integral part of this Agreement.
(A) the Eligibility Requirements (the "Eligibility
Requirements"), available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
(B) the Eligibility Requirements Dispute Resolution
Policy (the "ERDRP"), available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm;
and
(C) the Uniform Domain Name Dispute Resolution Policy
(the "UDRP"), available at: http://www.icann.org/dndr/udrp/policy.htm.
(viii) The Eligibility Requirements dictate that Personal
Name domain names and Personal Name SLD e-mail addresses
will be granted on a first-come, first-served basis.
The following categories of Personal Name Registrations
may be registered: (i) the Personal Name of an individual;
(ii) the Personal Name of a fictional character, if
you have trademark or service make rights in that character's
Personal Name; (iii) in addition to a Personal Name
registration, you may add numeric characters to the
beginning or the end of the Personal Name so as to differentiate
it from other Personal Names.
(ix) The ERDRP applies to challenges to (i) registered
domain names and SLD e-mail address registrations within
.name on the grounds that a Registrant does not meet
the Eligibility Requirements, and (ii) to Defensive
Registrations (as defined by the Registry) within .name.
(x) The UDRP sets forth the terms and conditions in
connection with a dispute between a Registrant and party
other than the Registry or Tucows over the registration
and use of an Internet domain name registered by a Registrant.
31. ccTLD'S
(a) .at Domains. In the case of a ".at" registration,
the following terms and conditions will apply:
(i) Registry Policy. You acknowledge and understand
that by accepting the terms and conditions of this agreement
you shall be bound by Registry policies and any pertinent
rules or policies that exist now or in the future and
which are posted on the Registry website at http://nic.at/en/agb/ag_agb2003.asp.
You are responsible for monitoring the Registry's site
on a regular basis. In the event that you do not wish
to be bound by a revision or modification to any Registry
policy, your sole remedy is to cancel your domain name
registration by following the appropriate Registry policy
regarding such cancellation.
(b) .be Domains. In the case of a ".be" registration,
the following terms and conditions will apply:
(i) Registry Policy. You acknowledge and understand
that by accepting the terms and conditions of this agreement
you shall be bound by Registry policies and any pertinent
rules or policies that exist now or in the future and
which are posted on the Registry website at http://www.dns.be/en/home.php?n=51.
You are responsible for monitoring the Registry's site
on a regular basis. In the event that you do not wish
to be bound by a revision or modification to any Registry
policy, your sole remedy is to cancel your domain name
registration by following the appropriate Registry policy
regarding such cancellation.
(ii) Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred
a domain name to us from another registrar, you agree
to be bound by the .be Dispute Policy that is incorporated
herein and made a part of this Agreement by reference.
The current version of the Dispute Policy may be found
at http://www.dns.be/en/home.php?n=53.
(a) .ca Domains. In the case of a ".ca" registration,
the following terms and conditions will apply:
(i) Domain Name Dispute Policy. If you reserved or registered
a domain name through us, or transferred a domain name
to us from another registrar, you agree to be bound
by the Dispute Policy, which is incorporated herein
and made a part of this Agreement by reference. The
current version of the Dispute Policy may be found at
http://www.cira.ca/en/cat_Dpr.html. Please take the
time to familiarize yourself with this policy.
(ii) Registry Policy. You agree that your registration
of the domain name shall be subject to suspension, cancellation,
or transfer pursuant to any Registry-adopted policy,
or pursuant to any registrar or registry procedure not
inconsistent with a Registry adopted policy, (1) to
correct mistakes by Tucows or the Registry in registering
the name or (2) for the resolution of disputes concerning
the domain name.
(iii) Transfer of Ownership. Any transfer of ownership
in and to a domain name registration shall be affected
in accordance with registry policies and procedures.
(iv) Registry Agreement and Policy. You acknowledge
and understand that by accepting the terms and conditions
of this agreement you shall be bound by the Registry's
Registrant Agreement, the Registry's policies and any
pertinent rules or policies that exist now or in the
future and which are posted on the Registry website
at http://www.cira.ca/en/doc_Registrar.html. You are
responsible for monitoring the Registry's site on a
regular basis. In the event that you do not wish to
be bound by a revision or modification to any Registry
agreement or policy, your sole remedy is to cancel your
domain name registration by following the appropriate
Registry policy regarding such cancellation.
(v) You acknowledge and agree that the Registry shall
not be liable to you for any loss, damage, or expense
arising out of the Registry's failure or refusal to
register a domain name, it's failure or refusal to renew
a domain name registration, it's registration of a domain
name, it's failure or refusal to renew a domain name
registration, it's renewal of a domain name registration,
it's failure or refusal to transfer a domain name registration,
it's transfer of a domain name registration, it's failure
or refusal to maintain or modify a domain name registration,
it's maintenance of a domain name registration, it's
modification of a domain name registration, it's failure
to cancel a domain name registration or it's cancellation
of a domain name registration from the Registry;
(b) .cc Domains. In the case of a ".cc" registration,
the following terms and conditions will apply:
(i) Domain Name Dispute Policy. If you reserved or registered
a domain name through us, or transferred a domain name
to us from another registrar, you agree to be bound
by the Dispute Policy that is incorporated herein and
made a part of this Agreement by reference. The current
version of the Dispute Policy may be found at http://www.nic.cc/policies/dispute.html.
Please take the time to familiarize yourself with this
policy.
(ii) Registry Policy. You acknowledge and understand
that by accepting the terms and conditions of this agreement
you shall be bound by Registry policies and any pertinent
rules or policies that exist now or in the future and
which are posted on the Registry website at http://www.nic.cc.
You are responsible for monitoring the Registry's site
on a regular basis. In the event that you do not wish
to be bound by a revision or modification to any Registry
policy, your sole remedy is to cancel your domain name
registration by following the appropriate Registry policy
regarding such cancellation.
(c) .ch Domains. In the case of a ".ch" registration,
the following terms and conditions shall apply:
(i) Registry Policy. You acknowledge and understand
that by accepting the terms and conditions of this agreement
you shall be bound by Registry policies and any pertinent
rules or policies that exist now or in the future and
which are posted on the Registry website at http://www.switch.ch/id/terms.
You are responsible for monitoring the Registry's site
on a regular basis. In the event that you do not wish
to be bound by a revision or modification to any Registry
policy, your sole remedy is to cancel your domain name
registration by following the appropriate Registry policy
regarding such cancellation.
(ii) Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred
a domain name to us from another registrar, you agree
to be bound by the .ch Dispute Policy that is incorporated
herein and made a part of this Agreement by reference.
The current version of the Dispute Policy may be found
at http://www.switch.ch/id/disputes/rules. Please take
the time to familiarize yourself with this policy.
(d) .cn Domains. In the case of a ".cn" registration,
the following terms and conditions shall apply:
(i) "Registry" means the China Internet Network
Information Center, which is the authority responsible
for the administration of the national top-level domain
of the People's Republic of China and the Chinese domain
name system;
(ii) "Registry Gateway" means the service
provided by the Registry Operator that facilitates the
registration of .cn domain names by registrars operating
outside of the People's Republic of China;
(iii) "Registry Operator" means Neustar,
Inc., the company authorized to facilitate the registration
of .cn domain names by registrars operating outside
of the People's Republic of China.
(iv) Restrictions. You agree that you shall not register
or use a domain name that is deemed by CNNIC to:
(A) be against the basic principles prescribed in the
Constitution of the Peoples Republic of China ("PRC");
(B) jeopardize national security, leak state secrets,
intend to overturn the government or disrupt the integrity
of the PRC;
(C) harm national honour and national interests of
the PRC;
(D) instigate hostility or discrimination between different
nationalities or disrupt the national solidarity of
the PRC;
(E) spread rumours, disturb public order or disrupt
social stability of the PRC;
(F) spread pornography, obscenity, gambling, violence,
homicide, terror or instigate crimes in the PRC;
(G) insult, libel against others and infringe other
people's legal rights and interests in the PRC; or
(H) take any other action prohibited in laws, rules
and administrative regulations of the PRC.
(v) Business or Organization Representation. .cn domain
name registrations are intended for businesses and organizations
and not for individual use. By registering a .cn name,
you accordingly represent that you have registered the
domain name on behalf or a business or organization.
It should be noted that, although .cn policy is permissive
in terms of registration, and enforcement is generally
in reaction to a complaint (as opposed to proactive
review), registrations that are not associated with
an organization or business may be subject to deletion.
The foregoing prevents an individual from registering
a .cn domain name for a business operating as a sole
proprietorship.
(vi) Domain Name Disputes. You acknowledge having read
and understood and agree to be bound by the terms and
conditions of the CNNIC Domain Name Dispute Policy &
Rules for CNNIC Dispute Resolution Policy ("Dispute
Policy"), as they may be amended from time to time,
which are hereby incorporated and made an integral part
of this Agreement. The Dispute Policy is currently found
at: http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm.
(vii) You acknowledge that, pursuant to the Dispute
Policy, Registrars must comply with all reasonable requests
from the applicable domain name dispute resolution institutions
including the provision of all relevant evidence in
any domain name disputes in the specified time frames.
(viii) If we are notified that a complaint has been
filed with a judicial or administrative body regarding
your use of our domain name registration services, you
agree not to make any changes to your domain name record
without our prior approval. We may not allow you to
make changes to such domain name record until (i) we
are directed to do so by the judicial or administrative
body, or (ii) we receive notification by you and the
other party contesting your registration and use of
our domain name registration services that the dispute
has been settled. Furthermore, you agree that if you
are subject to litigation regarding your registration
and use of our domain name registration services, we
may deposit control of your domain name record into
the registry of the judicial body by supplying a party
with a registrar certificate from us.
(ix) Adherence to Policies. You agree to comply with
all applicable laws, regulations and policies of the
Peoples Republic of China's governmental agencies and
the China Internet Network Information Centre ("CNNIC"),
including but not limited to the following rules and
regulations:
(A) Provisional Administrative Rules for Registration
of Domain Names in China (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1520.htm);
(B) Detailed Implementation Rules for Registration
of Domain Names in China (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm);
(C) Chinese Domain Names Dispute Resolution Policy
(currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm);
and
(D) CNNIC Implementing Rules of Domain Name Registration
(currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1503.htm).
You acknowledge that you have read and understood and
agree to be bound by the terms and conditions of the
policies of the CNNIC, as they may be amended from time
to time.
(x) Suspension and Cancellation. You agree that your
registration of the domain name shall be subject to
suspension, cancellation, or transfer pursuant to any
Tucows, Registry Operator, CNNIC or government-adopted
policy, or pursuant to any registrar or registry procedure
not inconsistent with a CNNIC or government-adopted
policy, (1) to correct mistakes by a party in registering
the name, (2) for the resolution of disputes concerning
the domain name, (3) to protect the integrity and stability
of the registry, (4) to comply with any applicable laws,
government rules or requirements, requests of aw enforcement,
(5) to avoid any liability, civil or criminal, on the
part of Tucows, Registry Operator or CNNIC, as well
as their affiliates, subsidiaries, directors, representatives,
employees and stockholders or (6) for violations of
this Agreement. Tucows, Registry Operator and CNNIC
also reserve the right to "freeze" a domain
name during the resolution of a dispute.
(xi) Jurisdiction. For the adjudication of disputes
concerning or arising from use of the domain name, the
Registrant shall submit, without prejudice to other
potentially applicable jurisdictions, to the jurisdiction
of the courts (1) of the Registrant's domicile, (2)
where Tucows is located, and (3) the People's Republic
of China.
(xii) Governing Law. For the adjudication of a dispute
concerning or arising from use of a .cn domain, such
dispute will be governed under the Laws of the Peoples
Republic of China.
(e) .de Domains. In the case of a ".de" registration,
the following terms and conditions will apply:
(i) Selection of a Domain Name. You represent that:
(A) you have reviewed and have accepted the Registry's
Terms and Conditions and the Registry's Guidelines and
have provided your Reseller with written confirmation
of same;
(B) either you, or the person designated as the administrative
contact for the domain name, shall be resident or shall
have a branch in Germany;
(C) to the best of the your knowledge and belief, neither
this registration of a domain name nor the manner in
which it is directly or indirectly to be used infringes
upon the legal rights of a third party and, further,
that the domain name is not being registered for nor
shall it at any time whatsoever be used for any unlawful
purpose whatsoever.
(ii) Domain Name Disputes. You agree that, if the registration
or reservation of your domain name is challenged by
a third party, you will be subject to the provisions
specified by the Registry or any court of law. You agree
that in the event a domain name dispute arises with
any third party, you will indemnify and hold us harmless
pursuant to the terms and conditions specified by the
Registry or any court of law. (iii) Registry Policies.
You agree to be bound by the Registry's Registration
Terms and Conditions and the Registration Guidelines.
English language translations of the Registry's documents
are provided for convenience; in the event of a discrepancy
between the English and the German language agreements,
the terms of the German agreement will prevail. The
Registry documents may be found at:
11.2. English:
(A) Registration Terms and Conditions
http://www.denic.de/en/bedingungen.html
(B) Registration Guidelines
http://www.denic.de/en/richtlinien.html
11.3. German:
(C) DENIC-Registrierungsbedingungen
http://www.denic.de/de/bedingungen.html
(D) DENIC-Registrierungsrichtlinien
http://www.denic.de/de/richtlinien.html
(f) .fr Domains. In the case of a ".fr" registration,
the following terms and conditions will apply:
(i) Representation of Registrant. .fr domain names are
available for registration to companies and persons
who fulfill the following criteria. As a condition of
registration, you accordingly represent that you are:
(A) A legal entity:
(I) whose head office is in France; (or),
(II) which possess an address in France which is expressly
listed in the public electronic databases of the registrars
of the commercial courts or the National Statistical
and Economic Studies Institute (INSEE), (or),
(III) State institutions or departments, local authorities
or associated establishments, (or),
(IV) which own a trademark registered with the National
Intellectual Property Institute or own a registered
EU or international trademark which expressly includes
French territory; or
(B) A natural person:
(I) of French nationality; (or),
(II) of foreign nationality who are domiciled in France;
(or),
(III) who own a trademark registered with the National
Intellectual Property Institute or own a registered
EU or international trademark which expressly includes
French territory.
(ii) Administrative Contact. Each registrant must designate
an administrative contact to act as a coordinator between
the Registrant and the Registry. In the case of .fr
registrations, the administrative contact must be based
in France where it can receive legal and other documents.
(iii) Registry Policies. You agree to be bound by the
Registry's Naming Charter, its registration rules for
.fr. English language translations of the Registry's
documents are provided for convenience. The Registry
documents may be found at: www.afnic.fr/obtenir/chartes/nommage-fr.
(iv) Domain Name Disputes. You agree that, if the registration
or reservation of your domain name is challenged by
a third party, you will be subject to the provisions
specified by the Registry or any court of law. The current
.fr dispute resolution policy and procedures can be
found at http://www.afnic.fr/doc/ref/juridique/parl.
You agree that in the event a domain name dispute arises
with any third party, you will indemnify and hold us
harmless pursuant to the terms and conditions specified
by the Registry or any court of law.
(i) .it Domains. In the case of an "it" registration,
the following terms and conditions shall apply:
(i) Registration Criteria. Registration of an .it name
is restricted to subjects belonging to a member state
of the European Union. Individuals and associations
operating without a VAT number or a fiscal code are
limited to a single domain name registration.
(i) Registry Policy. You acknowledge and understand
that by accepting the terms and conditions of this agreement
you shall be bound by Registry policies and any pertinent
rules or policies that exist now or in the future and
which are posted on the Registry website at http://www.nic.it/NA/regole-naming-curr-engl.txt.
You are responsible for monitoring the Registry's site
on a regular basis. In the event that you do not wish
to be bound by a revision or modification to any Registry
policy, your sole remedy is to cancel your domain name
registration by following the appropriate Registry policy
regarding such cancellation. Additional policies, including
transfer procedures and "netiquette" rules
may be found at http://www.nic.it/NA/index-engl.html.
(g) .nl Domains. In the case of a ".nl" registration,
the following terms and conditions shall apply:
(i) Registration Criteria. Registration of a .nl domain
name is unrestricted save and except that applicants
who are not based in the Netherlands or who do not have
a registered address in the Netherlands must provide
an address in the Netherlands where written documents
can be sent to the applicant and where legal summonses
can be served.
(ii) Registry Policies. You agree to be bound by the
policies of the Registry including but not limited to
the Registry's Registration Regulations. English language
translations of the Registry's documents are provided
for convenience and may be found at www.domain-registry.nl/sidn_english/flat/
General/Rules/Regulations.
(iii) You agree that, if the registration or reservation
of your domain name is challenged by a third party,
you will be subject to the provisions specified by the
Registry or any court of law. The current .nl dispute
resolution policy and procedures can be found at www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations_for_arbitration_on_.nl_domain_names/index.html.
You agree that in the event a domain name dispute arises
with any third party, you will indemnify and hold us
harmless pursuant to the terms and conditions specified
by the Registry or any court of law.
(h) .tv Domains. In the case of a ".tv" registration,
the following terms and conditions will apply:
(i) Domain Name Dispute Policy. If you reserved or registered
a domain name through us, or transferred a domain name
to us from another Registrar, you agree to be bound
by the Dispute Policy that is incorporated herein and
made a part of this Agreement by reference. The current
version of the Dispute Policy may be found at http://www.icann.org/dndr/udrp/policy.htm.
Please take the time to familiarize yourself with this
policy.
(ii) Policy . You agree that your registration of the
.tv domain name shall be subject to suspension, cancellation,
or transfer pursuant to any ICANN or government adopted
policy, or pursuant to any Registrar or registry procedure
not inconsistent with an ICANN or government-adopted
policy, (1) to correct mistakes by us or the applicable
Registry in registering the name or (2) for the resolution
of disputes concerning the domain name. You acknowledge
that you have reviewed the .tv General Terms of Service
which may be found at: http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml
and expressly agree to the terms outlined therein.
(i) co.uk, .org.uk, ltd.uk, net.uk, plc.uk and me.uk
Domains. In the case of a co.uk, .org.uk, ltd.uk, net.uk,
plc.uk or me.uk registration, the following terms and
conditions will apply:
(i) "Nominet UK" means the entity granted
the exclusive right to administer the registry for .uk
domain name registrations.
(ii) Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred
a domain name to us from another registrar, you agree
to be bound by the Dispute Policy which is incorporated
herein and made a part of this Agreement by reference.
The current version of the Dispute Policy may be found
at: http://www.nic.uk/DisputeResolution/DrsPolicy/.
Please take the time to familiarize yourself with this
policy.
(iii) Nominet UK Policy. You agree that your registration
of the domain name shall be subject to suspension, cancellation,
or transfer pursuant to any Nominet UK-adopted policy,
term or condition, or pursuant to any registrar or registry
procedure not inconsistent with an Nominet UK-adopted
policy, (1) to correct mistakes by a registrar or the
registry in registering the name, or (2) for the resolution
of disputes concerning the domain name. The current
Nominet UK terms and conditions can be found at: http://www.nominet.org.uk/ReferenceDocuments/TermsAndConditions/TermsAndConditions.html
When you submit a request for a domain name registration
with Tucows and/or Reseller, you will be entering into
two contracts - one contract 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..
(j) .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;
(F) 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.
(A) 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:
(B) 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.
(C) 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.
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.
(v) 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.
(vi) Indemnity. The DOC shall be added to the parties
you have agreed to indemnify in Section 13 hereinabove.
(vii) 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;
(E) 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.
(viii) 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.
32. 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;
(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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