1. AGREEMENT. In this Registration Agreement ("Agreement") "you"
and "your" refer to each customer, "we", us" and "our"
refer to TUCOWS.com Inc. and "Services" refers to the domain name registration
provided by us as offered through Pagematic Inc., the Registration Service Provider
("RSP"). This Agreement explains our obligations to you, and explains your
obligations to us for various Services.
2. SELECTION OF A DOMAIN NAME. You represent that, to the best of the your knowledge
and belief, neither the registration of the SLD name nor the manner in which it is
directly or indirectly used infringes the legal rights of a third party and that the
Domain Name is not being registered for any unlawful purpose.
3. FEES. As consideration for the services you have selected, you agree to pay to us,
or your respective RSP who remits payment to us on your behalf, 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"). You, by
completing and submitting this Agreement represent that the statements in your application
are true.
4. TERM. You agree that the Registration Agreement will remain in full force during the
length of the term of your Domain Name Registration. Should you choose to renew or
otherwise lengthen the term of your Domain Name Registration, then the term of this
Registration Agreement will be extended accordingly. This Agreement will remain in full
force during the length of the term of your Domain Name Registration 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 will be extended accordingly. Should you transfer your domain name
or should the domain name otherwise be transferred due to another Registrar, the terms and
conditions of this contract shall cease and shall be replaced by the contractual terms in
force for the purpose of registering domain names then in force between SLD holders and
the new Registrar.
5. MODIFICATIONS TO AGREEMENT. You agree, during the period of this Agreement, that we
may: (1) revise the terms and conditions of this Agreement; and (2) change the services
provided under this Agreement. Any such revision or change will be binding and effective
immediately on posting of the revised Agreement or change to the service(s) on our web
site, or on notification to you by e-mail or regular mail as per the Notices section of
this agreement. You agree to review our web site, including the Agreement, periodically to
be aware of any 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
regular mail as per the Notices section of this agreement. Notice of your termination will
be effective on receipt and processing by us. You agree that, by continuing to use the
Services following notice of any revision to this Agreement or change in service(s), you
shall abide by any such revisions or changes. You further agree to abide by the ICANN
Uniform Dispute Resolution Policy ("Dispute Policy") as amended from time to
time. You agree that, by maintaining the reservation or registration of your domain name
after modifications to the Dispute Policy become effective, you have agreed to these
modifications. 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.
6. 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. Please safeguard your Account Identifier and Password from
any unauthorized use. In no event will we be liable for the unauthorized use or misuse of
your Account Identifier or Password.
7. 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.prenic.com/udrp . Please take the time
to familiarize yourself with this policy.
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 in effect at the time of the dispute. 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. For any
dispute, you agree to submit to the jurisdiction of the courts of The Province of Ontario.
9. ICANN POLICY. You agree that your registration of the SLD name shall be subject to
suspension, cancellation, or transfer pursuant to any ICANN-adopted policy, or pursuant to
any registrar or registry procedure not inconsistent with an ICANN-adopted policy, (1) to
correct mistakes by Registrar or the Registry in registering the name or (2) for the
resolution of disputes concerning the SLD name.
10. AGENCY. Should you intend to license use of a domain name to a third party you
shall nonetheless be the SLD 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 SLD. You shall accept liability for harm caused
by wrongful use of the SLD, unless you promptly disclose the identity of the licensee to
the party providing you reasonable evidence of actionable harm. You also represent that
you have provided notice of the terms and conditions in this Agreement to the third party
and that the third party agrees to the terms of Disclosure and Use of Registration
Information (sections 18 and 19 of this Agreement).
11. ANNOUNCEMENTS. We and the RSP 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 such Service(s). We and our
contractors 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. In no event shall our maximum liability exceed five hundred ($500.00)
dollars.
13. INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents,
employees, officers, directors and affiliates harmless from all liabilities, claims and
expenses, including without limitation Network Solutions, Inc., and the directors,
officers, employees and agents of each of them, 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 with your computer, 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 may be
considered by us to be a breach of your Agreement and may result in deactivation of your
domain name.
14. TRANSFER OF OWNERSHIP. The person named as administrative contact at the time the
controlling 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.
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. NO GUARANTY. You agree that, by registration or reservation of your chosen domain
name, such registration or reservation does not confer immunity from objection to either
the registration, reservation, or use of the domain name.
17. DISCLAIMER OF WARRANTIES. You agree that your use of our Services is solely at your
own risk. You agree that such Service(s) is provided on an "as is," "as
available" basis. We expressly disclaim all warranties of any kind, whether express
or implied, including but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement. We make no warranty that the
Services will meet your requirements, or that the Service(s) will be uninterrupted,
timely, secure, or error free; nor do we make any warranty as to the results that may be
obtained from the use of the Service(s) or as to the accuracy or reliability of any
information obtained through the Service or that defects in the Service will be corrected.
You understand and agree that any material and/or data downloaded or otherwise obtained
through the use of Service is done at your own discretion and risk and that you will be
solely responsible for any damage to your computer system or loss of data that results
from the download of such material and/or data. We make no warranty regarding any goods or
services purchased or obtained through the Service or any transactions entered into
through the Service. No advice or information, whether oral or written, obtained by you
from us or through the Service shall create any warranty not expressly made herein.
18. INFORMATION. As part of the registration process, you are required to provide us
certain information and to update us promptly as such information changes such that our
records are current, complete and accurate. You are obliged to provide us the following
information:
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 such that we can continue to improve the
products and services offered to you through your RSP.
19. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that we
will make domain name registration information you provide available to ICANN, to the
registry administrators, and to other third parties as ICANN and applicable laws may
require or permit. 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 the applicable
laws.
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.
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 access or disclosure, alteration or destruction of that
information.
20. 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 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 SLD registration.
21. 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 within
thirty (30) calendar days from receipt of your payment for such 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.
22. 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.
23. NON-AGENCY. 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.
24. 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.
25. 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 have been given when an electronic
confirmation of delivery has been obtained by the sender. In the case of e-mail
notification to us or to the RSP to lhutz@tucows.com
or use the Support link at prenic.com or, in the case of notice to
you, at 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 the RSP shall be sent to:
TUCOWS.com Inc. Registrant Affairs Office 96 Mowat Avenue Toronto,
Ontario M6K 3M1
- OR -
Pagematic Inc. 9085 SW Hwy 200 Ocala, FL 34481
(PreNIC.com)
and in the case of notification to you shall be to the address specified in the
"Administrative Contact" in your WHOIS record.
26. 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.
27. 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.
28. INFANCY. You attest that you are of legal age to enter into this Agreement.
29. 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.