In order that a party
may hold a valid .ca domain name
registration, TUCOWS, requires that all registrants adhere to certain terms and
conditions.As an organization or
individual applying to register, transfer or renew an .ca domain name via the
agency of Sidetrips Internet Services and/or TUCOWS you accordingly agree as
follows:
1.AGREEMENT.In this Registration Agreement
("Agreement") ,"we", us" and"our" refer to TUCOWS Inc. and
“Services” refers to the domain name registration, transfer or renewal services
provided by us as offered through Sidetrips Internet Services, the Registration Service
Provider (“RSP”). CIRA shall refer to the entity granted the exclusive right to
administer the registry for .ca domain name registrations.
2.SELECTION OF A DOMAIN NAME. 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 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 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 the Agreement
represent that the statements in your application are true.
4.TERM. You agree that this Agreement
will remain in full force during the
term of your domain name registration as selected, recorded, and paid for
upon registration of the domain name.
Should you choose to renew
the term of your domain name registration, then the term of this
Agreement will be extended accordingly.
Should you transfer your domain name or should the domain name otherwise
be transferred to another Registrar, the terms and conditions of this contract
shall cease and shall be replaced by the contractual terms in force between
domain name registrants 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 CIRA
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 the CIRA website. 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.
9.CIRA POLICY. You agree that your
registration of the domain name
shall be subject to suspension, cancellation, or transfer pursuant to any
CIRA-adopted policy, or pursuant to any registrar or registry procedure not
inconsistent with an CIRA-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.
10.AGENCY. Should you intend to license
use of a domain name to a third party you shall nonetheless be the domain name
registrant 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 domian name. 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 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.
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 attorney's fees, from claims
by third parties, including but not limited to the RSP and CIRA 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 CIRA 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.Any transfer of
ownership in and to a domain name registration shall be affected in accordance
with CIRA policies and procedures.
15.BREACH. 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 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.
(v)The Internet Protocol number of the primary
name server and secondary name server(s) for each domain name registration and
the corresponding names of those name servers.
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 CIRA, to the
registry administrators, and to other third parties as CIRA 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 CIRA 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 acess or disclosure,
alteration or destruction of that information
20.REVOCATION. Your willful provision of
inaccurate or unreliable information, your willful 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 domain name 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
webmaster@sidetrips.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 Co
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
OR
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.INCONSISTENCIES WITH CIRA.In the event that this Agreement may be
inconsistent with any term, condition , policy or procedure of CIRA, the term,
condition, policy or procedure of CIRA shall prevail.
30.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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