Form of Registration Agreement
In this Registration Agreement ("Agreement") "you"
and "your" refer to the registrant of each domain name registration,
"we", “us" and "our" refer to TUCOWS Inc. and
“Services” refers to the domain name registration provided by us as
offered through Vancouver Internet Inc. (“RSP”).
This Agreement explains our obligations to you, and explains your
obligations to us for various Services. If
you are registering your name during the finite period of time when owners of
trademarks and service marks issued prior to October 2, 2000 and having
national effect will have the exclusive opportunity to register identical
domain names (“Sunrise Period”), you agree to comply with the procedures,
terms and obligations. You
acknowledge and agree that registrations for domain names during the Sunrise
Period will only be accepted for a minimum registration term of five (5)
SELECTION OF A DOMAIN NAME.
You represent that, to the best of the your knowledge and belief,
neither this registration of a domain name nor the manner in which it is
directly or indirectly to be used infringes upon the legal rights of a third
party and, further, that the domain name is not being registered for nor shall
it at any time whatsoever be used for any unlawful purpose whatsoever.
As consideration for the Services you have selected, you agree to pay
the RSP the applicable service fees. All
fees payable hereunder are non-refundable.
As further consideration for the Services, you agree to: (1) provide
certain current, complete and accurate information about you as required by
the registration process and (2) maintain and update this information as
needed to keep it current, complete and accurate.
All such information shall be referred to as account information
("Account Information"). By
submitting this Agreement, you represent that the statements in your
Application are true, complete and accurate.
Agreement shall remain in full force during the length of the term of your
domain name registration(s) as selected, recorded, and paid for upon
registration of the domain name. Should
you choose to renew or otherwise lengthen the term of your domain name
registration, then the term of this Registration Agreement shall be extended
accordingly. Should the domain
name be transferred to another Registrar, the terms and conditions of this
contract shall cease.
MODIFICATIONS TO AGREEMENT.
You agree that we may: (1) revise the terms and conditions of this
Agreement; and (2) change the services provided under this Agreement.
You agree to be bound by any such revision or change will which shall
be effective immediately upon posting on our web site or upon notification to
you by e-mail or your country’s postal service pursuant to the Notices
section of this Agreement. You
agree to review this Agreement as posted on our web site periodically to
maintain an awareness of any and all such revisions.
If you do not agree with any revision to the Agreement, you may
terminate this Agreement at any time by providing us with notice by e-mail or
postal service pursuant to the Notices section of this Agreement.
Notice of your termination shall be effective after processing by us.
You agree that, by continuing the use of Services following notice of
any revision to this Agreement or change in service(s), you shall be bound by
any such revisions and changes. If
you have registered your name during the Sunrise Period, you agree to be bound
by the Sunrise Dispute Resolution Policy (“Sunrise Dispute Policy”) found
You further agree to be bound by the ICANN Uniform Dispute Resolution
Policy (“Dispute Policy”) as presently written and posted on https://www.opensrs.org/legal/udrp.shtml
and as shall be amended from time to time.
You acknowledge that if you do not agree to any such modifications, you
may request that your domain name be deleted from the domain name database.
MODIFICATIONS TO YOUR ACCOUNT.
In order to change any of your account information with us, you must
use your Account Identifier and Password that you selected when you opened
your account with us. You agree
to safeguard your Account Identifier and Password from any unauthorized use.
In no event shall we be liable for the unauthorized use or misuse of
your Account Identifier or Password.
DOMAIN NAME DISPUTE POLICY. If
you reserved or registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound by the Dispute
Policies that are incorporated herein and made a part of this Agreement by
reference. The current version of
the general registration Dispute Policy may be found at https://www.opensrs.org/legal/udrp.shtml.
Please take the time to familiarize yourself with this policy.
DOMAIN NAME DISPUTES. You
agree that, if the registration or reservation of your domain name is
challenged by a third party, you will be subject to the provisions specified
in the Sunrise Dispute Policy or the Dispute Policy, as applicable.
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 Sunrise Dispute Policy or Dispute Policy, as
You agree that your registration of the domain name shall be subject to
suspension, cancellation, or transfer pursuant to a Tucows, Registry Operator,
ICANN or government-adopted policy, or pursuant to any registrar or registry
procedure not inconsistent with a Tucows, Registry Operator, ICANN 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
Should you intend to license use of a domain name to a third party you
shall nonetheless be the domain name holder of record and are therefore
responsible for providing your own full contact information and for providing
and updating accurate technical and administrative contact information
adequate to facilitate timely resolution of any problems that arise in
connection with the domain name. You
shall accept liability for harm caused by wrongful use of the domain name.
You represent that you have provided notice of the terms and conditions
in this Agreement to a third party licensee and that the third party agrees to
the terms hereof.
We reserve the right to distribute information to you that is pertinent
to the quality or operation of our services and those of our service partners.
These announcements will be predominately informative in nature and may
include notices describing changes, upgrades, new products or other
information to add security or to enhance your identity on the Internet.
LIMITATION OF LIABILITY.
You agree that our entire liability, and your exclusive remedy, with
respect to any Services(s) provided under this Agreement and any breach of
this Agreement is solely limited to the amount you paid for such Service(s).
Neither we nor our contractors or third party beneficiaries shall be
liable for any direct, indirect, incidental, special or consequential damages
resulting from the use or inability to use any of the Services or for the cost
of procurement of substitute services. Because
some jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, in such jurisdictions, our liability is
limited to the extent permitted by law. We
disclaim any and all loss or liability resulting from, but not limited to: (1)
loss or liability resulting from access delays or access interruptions; (2)
loss or liability resulting from data non-delivery or data miss-delivery; (3)
loss or liability resulting from acts of God; (4) loss or liability resulting
from the unauthorized use or misuse of your account identifier or password;
(5) loss or liability resulting from errors, omissions, or misstatements in
any and all information or services(s) provided under this Agreement; (6) loss
or liability resulting from the interruption of your Service. You agree that
we will not be liable for any loss of registration and use of your domain
name, or for interruption of business, or any indirect, special, incidental,
or consequential damages of any kind (including lost profits) regardless of
the form of action whether in contract, tort (including negligence), or
otherwise, even if we have been advised of the possibility of such damages.
In no event shall our maximum liability exceed five hundred ($500.00)
You agree to release, indemnify, and hold us, our contractors, agents,
employees, officers, directors, affiliates and third party beneficiaries
harmless from all liabilities, claims and expenses, including attorney's fees,
of third parties relating to or arising under this Agreement, the Services
provided hereunder or your use of the Services, including without limitation
infringement by you, or someone else using the Service of any intellectual
property or other proprietary right of any person or entity, or from the
violation of any of our operating rules or policy relating to the Service(s)
provided. You also agree to release, indemnify and hold us harmless pursuant
to the terms and conditions contained in the Dispute Policy.
When we are threatened with suit by a third party, we may seek written
assurances from you concerning your promise to indemnify us; your failure to
provide those assurances shall be a breach of your Agreement and may result in
deactivation of your domain name.
TRANSFER OF OWNERSHIP.
The person named as registrant at the time the user name and password
are secured shall be the owner of the domain name. You agree that prior to
transferring ownership of your domain name to another person (the
Transferee") you shall require the Transferee to agree in writing to be
bound by all the terms and conditions of this Agreement. Your domain name will
not be transferred until we receive such written assurances or other
reasonable assurance that the Transferee has been bound by the contractual
terms of this Agreement (such reasonable assurance as determined by us in our
sole discretion) along with the applicable transfer fee. If the Transferee
fails to be bound in a reasonable fashion (as determine by us in our sole
discretion) to the terms and conditions in this Agreement, any such transfer
will be null and void. You
acknowledge that you will not be entitled to change registrars during the
first sixty (60) days following the registration of your domain name.
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.
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 we will make domain name registration
information you provide available to ICANN, to the registry administrators,
and to other third parties as applicable. You further agree and acknowledge
that we may make publicly available, or directly available to third party
vendors, some, or all, of the domain name registration information you
provide, for purposes of inspection (such as through our WHOIS service) or
other purposes as required or permitted by ICANN and applicable laws.
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.
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.
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.
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.
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.
We also reserve the right to suspend a domain name during resolution of
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 Policies 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 firstname.lastname@example.org,
or in the case of notification to you, to the e-mail address provided by you
in your WHOIS record. Any e-mail
communication shall be deemed to have been validly and effectively given on
the date of such communication, if such date is a business day and such
delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have
been delivered on the next business day.
In the case of regular mail notice, valid notice shall be deemed to
have been validly and effectively given 5 business days after the date of
mailing and, in the case of notification to us or to RSP shall be sent to:
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 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.