Form of Registration Agreement
1. 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 .cc domain name registration provided by us as offered through Vancouver Internet Inc. (“RSP”). This Agreement explains our obligations to you, and explains your obligations to us for various Services.
OF A DOMAIN NAME.
You represent that, to the best of the your knowledge and belief,
neither this registration of a domain name nor the manner in which it is
directly or indirectly to be used infringes upon the legal rights of a third
party and, further, that the domain name is not being registered for nor shall
it at any time whatsoever be used for any unlawful purpose whatsoever.
As consideration for the Services , 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 Account
Information and all other statements put forth in your application are true,
complete and accurate. Both
Tucows and the Registry reserve the right to terminate your domain name
registration if: (i) information provided by you or your agent is false,
inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii)
you have failed to maintain, update and keep your Account Information true,
current, complete, accurate and reliable.
You acknowledge that a violation of this Section 3 will constitute a
material breach of this agreement which will entitle either us or the Registry
to terminate this agreement immediately without any refund and without notice
Agreement shall remain in full force during the length of the term of your
domain name registration(s) as selected, recorded, and paid for upon
registration of the domain name. Should
you choose to renew or otherwise lengthen the term of your domain name
registration, then the term of this Registration Agreement shall be extended
accordingly. Should the domain name be transferred to another Registrar, the
terms and conditions of this contract shall cease.
MODIFICATIONS TO AGREEMENT.
You agree that either we or the Registry may: (1) revise the terms and
conditions of this Agreement; and (2) change the services provided under this
Agreement. You agree to be bound by any such revision or change will which
shall be effective immediately upon posting on our web site or upon
notification to you by e-mail or your country’s postal service pursuant to
the Notices section of this Agreement. You
agree to review this Agreement as posted on our web site periodically to
maintain an awareness of any and all such revisions.
If you do not agree with any revision to the Agreement, you may
terminate this Agreement at any time by providing us with notice by e-mail or
postal service pursuant to the Notices section of this Agreement.
Notice of your termination shall be effective after processing by us.
You agree that, by continuing the use of Services following notice of
any revision to this Agreement or change in service(s), you shall be bound by
any such revisions and changes. You
further agree to be bound by the Registry dispute policy (“Dispute
Policy”) as presently written and posted on https://www.nic.cc/policies/dispute.html
and as shall be amended from time to time.
You acknowledge that if you do not agree to any such modifications, you
may request that your domain name be deleted from the domain name database.
MODIFICATIONS TO YOUR ACCOUNT.
In order to change any of your account information with us, you must
use your Account Identifier and Password that you selected when you opened
your account with us. You agree
to safeguard your Account Identifier and Password from any unauthorized use.
In no event shall we be liable for the unauthorized use or misuse of
your Account Identifier 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 https://www.nic.cc/policies/dispute.html.
Please take the time to familiarize yourself with this policy.
DOMAIN NAME DISPUTES. You
agree that, if the registration or reservation of your domain name is
challenged by a third party, you will be subject to the provisions specified
in the Dispute Policy. You agree
that in the event a domain name dispute arises with any third party, you will
indemnify and hold us harmless pursuant to the terms and conditions contained
in the Dispute Policy. You
acknowledge that neither we nor the Registry screen or otherwise review your
domain name application to verify that you have the legal right to use a
particular word or term. You are
strongly encouraged to perform a trademark search with respect to the words
and/or phrases comprising your domain name prior to applying for registration
of the domain. You agree that you
will be solely liable in the event that your use of a domain constitutes an
infringement or other violation of a third party’s rights.
You agree that your registration of the domain name shall be subject to
suspension, cancellation, or transfer pursuant to a Tucows, Registry,
regulatory or government-adopted policy, or pursuant to any registrar or
registry procedure not inconsistent with a Tucows, Registry, regulatory or
government-adopted policy, (1) to correct mistakes by us or the Registry in
registering the name, or (2) for the resolution of disputes concerning the
domain name. You acknowledge and
understand that by accepting the terms and conditions of this agreement you
shall be bound by Registry policies and any pertinent rules or policies that
exist now or in the future and which are posted on the Registry website at https://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.
Should you intend to license use of a domain name to a third party you
shall nonetheless be the domain name holder of record and are therefore
responsible for providing your own full contact information and for providing
and updating accurate technical and administrative contact information
adequate to facilitate timely resolution of any problems that arise in
connection with the domain name. You
shall accept liability for harm caused by wrongful use of the domain name.
You represent that you have provided notice of the terms and conditions
in this Agreement to any third party licensee and that the third party agrees
to the terms hereof.
We reserve the right to distribute information to you that is pertinent
to the quality or operation of our services and those of our service partners.
These announcements will be predominately informative in nature and may
include notices describing changes, upgrades, new products or other
information to add security or to enhance your identity on the Internet.
LIMITATION OF LIABILITY.
You agree that our entire liability, and your exclusive remedy, with
respect to any Services(s) provided under this Agreement and any breach of
this Agreement is solely limited to the amount you paid for such Service(s).
Neither we nor our contractors or third party beneficiaries, including
but not limited to Verisign, Inc. and eNic Corporation, shall be liable for
any direct, indirect, incidental, special or consequential damages resulting
from the use or inability to use any of the Services or for the cost of
procurement of substitute services. Because
some jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, in such jurisdictions, our liability is
limited to the extent permitted by law. We
disclaim any and all loss or liability resulting from, but not limited to: (1)
loss or liability resulting from access delays or access interruptions; (2)
loss or liability resulting from data non-delivery or data mis-delivery; (3)
loss or liability resulting from acts of God; (4) loss or liability resulting
from the unauthorized use or misuse of your account identifier or password;
(5) loss or liability resulting from errors, omissions, or misstatements in
any and all information or services(s) provided under this Agreement; (6) loss
or liability resulting from the interruption of your Service. You agree that
we will not be liable for any loss of registration and use of your domain
name, or for interruption of business, or any indirect, special, incidental,
or consequential damages of any kind (including lost profits) regardless of
the form of action whether in contract, tort (including negligence), or
otherwise, even if we have been advised of the possibility of such damages.
You agree to release, indemnify, and hold us, our contractors, agents,
employees, officers, directors, affiliates and third party beneficiaries,
including but not limited to Verisign, Inc. and eNic Corporation, harmless
from all liabilities, claims and expenses, including attorney's fees, of third
parties relating to or arising under this Agreement, the Services provided
hereunder or your use of the Services, including without limitation
infringement by you, or someone else using the Service of any intellectual
property or other proprietary right of any person or entity, or from the
violation of any of our operating rules or policy relating to the Service(s)
provided. You also agree to release, indemnify and hold us harmless pursuant
to the terms and conditions contained in the Dispute Policy.
When we are threatened with suit by a third party, we may seek written
assurances from you concerning your promise to indemnify us; your failure to
provide those assurances shall be a breach of your Agreement and may result in
deactivation of your domain name.
SCOPE OF REGISTRATION.
You will be entitled to exclusive use of
the domain name during the term of the registration.
Notwithstanding the foregoing, you shall not use, display, exploit or
register a domain name which action may constitute illegal activity or be in
contravention or violation of a Tucows or Registry policy.
You acknowledge that a breach of this clause will constitute a material
breach of this agreement which will entitle either Tucows or the Registry to
terminate this agreement immediately upon such breach without any refund.
In addition, both we and/or the Registry may, in our sole discretion,
refuse registration of your desired domain name within thirty (30) calendar
days from receipt of payment. Neither
Tucows nor the Registry shall be liable for any loss, damage or other injury
whatsoever resulting from any refusal to register your desired domain name.
TRANSFER OF OWNERSHIP.
The person named as registrant 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
You agree that failure to abide by any provision of this Agreement, any
operating rule or policy or the Dispute Policy, may be considered by us to be
a material breach and that we may provide a written notice, describing the
breach, to you. If within fifteen
(15) calendar days of the date of such notice, you fail to provide evidence,
which is reasonably satisfactory to us, that you have not breached your
obligations under the Agreement, then we may delete the registration or
reservation of your domain name. Any such breach by you shall not be deemed to
be excused simply because we did not act earlier in response to that, or any
other breach by you.
You acknowledge that registration or reservation of your chosen domain
name does not confer immunity from objection to either the registration,
reservation, or use of the domain name.
DISCLAIMER OF WARRANTIES.
You agree that your use of our Services is solely at your own risk.
You agree that such Service(s) is provided on an "as is,"
"as available" basis. We
expressly disclaim all warranties of any kind, whether express or implied,
including but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement.
We make no warranty that the Services will meet your requirements, or
that the Service(s) will be uninterrupted, timely, secure, or error free; nor
do we make any warranty as to the results that may be obtained from the use of
the Service(s) or as to the accuracy or reliability of any information
obtained through the Service or that defects in the Service will be corrected.
You understand and agree that any material and/or data downloaded or
otherwise obtained through the use of Service is done at your own discretion
and risk and that you will be solely responsible for any damage to your
computer system or loss of data that results from the download of such
material and/or data. We make no
warranty regarding any goods or services purchased or obtained through the
Service or any transactions entered into through the Service.
No advice or information, whether oral or written, obtained by you from
us or through the Service shall create any warranty not expressly made herein.
As part of the registration process, you are required to provide us
certain information and to update us promptly as such information changes such
that our records are current, complete and accurate. You are obliged to
provide us the following information:
Your name and postal address (or, if different, that of the domain name
The domain name being registered;
The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the administrative contact for the domain
The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the billing contact for the domain name.
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
You agree and acknowledge that either we and/or the Registry may make
directly available to third parties or publicly available, some or all, of the
Account Information for inspection through our WHOIS service and for any other
purposes as may be required or permitted by applicable laws or policies.
You hereby irrevocably waive and release Tucows and/or the Registry
from any and all claims and causes of action you may have arising from any
disclosure, use, or unauthorized access of your Account Information.
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, 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.
reserve the right to delete or transfer your domain name within a thirty (30)
day period following registration if we believe the registration has been made
possible by a mistake, made either by us or by a third party.
You agree that the terms of this Agreement are severable. If any term
or provision is declared invalid or unenforceable, that term or provision will
be construed consistent with applicable law as nearly as possible to reflect
the original intentions of the parties, and the remaining terms and provisions
will remain in full force and effect.
Nothing contained in this Agreement or the Dispute Policy shall be
construed as creating any agency, partnership, or other form of joint
enterprise between the parties.
Our failure to require performance by you of any provision hereof shall
not affect the full right to require such performance at any time thereafter;
nor shall the waiver by us of a breach of any provision hereof be taken or
held to be a waiver of the provision itself.
Any notice, direction or other communication given under this Agreement
shall be in writing and given by sending it via e-mail or via postal service.
In the case of e-mail, valid notice shall only have been deemed to have
been given when an electronic confirmation of delivery has been obtained by
the sender. In the case of e-mail, notifications must be sent to us at email@example.com,
or in the case of notification to you, to the e-mail address provided by you
in your WHOIS record. Any e-mail communication shall be deemed to have been
validly and effectively given on the date of such communication, if such date
is a business day and such delivery was made prior to 4:00 p.m. E.S.T.,
otherwise it will be deemed to have been delivered on the next business day.
In the case of regular mail notice, valid notice shall be deemed to have been
validly and effectively given five (5) business days after the date of mailing
and, in the case of notification to us or to RSP shall be sent to:
96 Mowat Avenue
Attention: Legal Affairs
in the case of notification to you shall be to the address specified in the
“Administrative Contact” in your WHOIS record.
You agree that this Agreement, the rules and policies published by us
and the Dispute Policy are the complete and exclusive agreement between you
and us regarding our Services. This Agreement and the Dispute Policy supersede
all prior agreements and understandings, whether established by custom,
practice, policy or precedent.
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.
You attest that you are of legal age to enter into this Agreement.
You acknowledge and agree that neither we nor the Registry shall be
responsible for any failure or delay in performing our respective obligations
hereunder arising from any cause beyond our reasonable control, including but
not limited to, acts of God, acts of civil or military authority, fires, wars,
riots, earthquakes, storms, typhoons and floods.
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.
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.