ICANN - TLD Registration Agreement
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 throughSidetrips Internet Services, Inc., the Registration Service Provider ("RSP"). This Agreement explains our obligations to you, andexplains 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 theregistration of the SLD name nor the manner in which it is directly or indirectly used infringes the legal rights of athird 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 agreeto pay to us, or your respective RSP whoremits payment to us on your behalf, the applicable service(s) fees. All fees payable hereunder are non-refundable. Asfurther consideration for the Services, you agree to: (1) provide certain current, complete and accurate informationabout you as required by the registration process and (2) maintain and update this information as needed to keep itcurrent, complete and accurate. All such information shall be referred to as account information ("AccountInformation"). You, by completing and submitting this Agreement represent that the statements in your application aretrue.
4. TERM. You agree that the Registration Agreement will remain in full force during the length of the term of yourDomain 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 forceduring the length of the term of your Domain Name Registration as selected, recorded, and paid for upon registration ofthe Domain Name. Should you choose to renew or otherwise lengthen the term of your Domain Name Registration, then theterm of this Registration Agreement will be extended accordingly. Should you transfer your domain name or should thedomain name otherwise be transferred due to another Registrar, the terms and conditions of this contract shall cease andshall be replaced by the contractual terms in force for the purpose of registering domain names then in force betweenSLD holders and the new Registrar.
5. MODIFICATIONS TO AGREEMENT. You agree, during the period of this Agreement, that we may: (1) revise the terms andconditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or changewill be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our website, or on notification to you by e-mail or regular mail as per the Notices section of this agreement. You agree toreview our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree withany revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail orregular mail as per the Notices section of this agreement. Notice of your termination will be effective on receipt andprocessing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreementor change in service(s), you shall abide by any such revisions or changes. You further agree to abide by the ICANNUniform Dispute Resolution Policy ("Dispute Policy") as amended from time to time. You agree that, by maintaining thereservation or registration of your domain name after modifications to the Dispute Policy become effective, you haveagreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request thatyour 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 yourAccount Identifier and Password that you selected when you opened your account with us. Please safeguard your AccountIdentifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse ofyour Account Identifier or Password.
7. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name through us, or transferred a domain nameto us from another registrar, you agree to be bound by the Dispute Policy which is incorporated herein and made a partof this Agreement by reference. The current version of the Dispute Policy may be found athttp://www.opensrs.org/legal/udrp.shtml . Please take thetime 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 athird 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 harmlesspursuant to the terms and conditions contained in the Dispute Policy. For any dispute, you agree to submit to thejurisdiction 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, ortransfer pursuant to any ICANN-adopted policy, or pursuant to any registrar or registry procedure not inconsistent withan ICANN-adopted policy, (1) to correct mistakes by Registrar or the Registry in registering the name or (2) for theresolution 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 SLDholder of record and are therefore responsible for providing your own full contact information and for providing andupdating accurate technical and administrative contact information adequate to facilitate timely resolution of anyproblems 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 actionableharm. You also represent that you have provided notice of the terms and conditions in this Agreement to the third partyand that the third party agrees to the terms of Disclosure and Use of Registration Information (sections 18 and 19 ofthis Agreement).
11. ANNOUNCEMENTS. We and the RSP reserve the right to distribute information to you that is pertinent to the qualityor operation of our services and those of our service partners. These announcements will be predominately informative innature and may include notices describing changes, upgrades, new products or other information to add security or toenhance your identity on the Internet.
12. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to anyServices(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid forsuch Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special orconsequential damages resulting from the use or inability to use any of the Services or for the cost of procurement ofsubstitute services. Because some states do not allow the exclusion or limitation of liability for consequential orincidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and allloss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or accessinterruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liabilityresulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your accountidentifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and allinformation or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of yourService. You agree that we will not be liable for any loss of registration and use of your domain name, or forinterruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lostprofits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if wehave 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, ourcontractors, agents, employees, officers, directorsand 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 relatingto or arising under this Agreement, the Services provided hereunder or your use of the Services, including withoutlimitation infringement by you, or someone else using the Service with your computer, of any intellectual property orother proprietary right of any person or entity, or from the violation of any of our operating rules or policy relatingto the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms andconditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek writtenassurances from you concerning your promise to indemnify us; your failure to provide those assurances may be consideredby 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 andpassword are secured shall be the owner of the domain name. You agree that prior to transferring ownership of yourdomain name to another person (the Transferee") you shall require the Transferee to agree, in writing to be bound byall the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such writtenassurances 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 theTransferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms andconditions 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 theDispute 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 provideevidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, thenwe may delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to beexcused 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 orreservation does not confer immunity from objection to either the registration, reservation, or use of the domainname.
17. DISCLAIMER OF WARRANTIES. You agree that your use of our Services is solely at your own risk. You agree that suchService(s) is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whetherexpress or implied, including but not limited to the implied warranties of merchantability, fitness for a particularpurpose 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 obtainedfrom the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service orthat defects in the Service will be corrected. You understand and agree that any material and/or data downloaded orotherwise obtained through the use of Service is done at your own discretion and risk and that you will be solelyresponsible for any damage to your computer system or loss of data that results from the download of such materialand/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or anytransactions entered into through the Service. No advice or information, whether oral or written, obtained by you fromus 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 toupdate us promptly as such information changes such that our records are current, complete and accurate. You are obligedto 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 administrativecontact for the domain name.
iv) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contactfor the domain name.
Any other information which we request from you at registration is voluntary. Any voluntary information we request iscollected 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 nameregistration information you provide available to ICANN, to the registry administrators, and to other third parties asICANN 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, forpurposes of inspection (such as through our WHOIS service) or other purposes as required or permitted by ICANN and theapplicable laws.
You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosureor use of, information provided by you in connection with the registration of a domain name (including any updates tosuch information), whether during or after the term of your registration of the domain name. You hereby irrevocablywaive any and all claims and causes of action you may have arising from such disclosure or use of your domain nameregistration information by us.
You may access your domain name registration information in our possession to review, modify or update suchinformation, 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 wayincompatible 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, unauthorizedaccess or disclosure, alteration or destruction of that information.
20. REVOCATION. Your wilful provision of inaccurate or unreliable information, your wilful failure promptly toupdate information provided to us, or your failure to respond for over fifteen calendar days to inquiries by usconcerning the accuracy of contact details associated with the your registration shall constitute a material breach ofthis 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 chosendomain name or register you for other Services within thirty (30) calendar days from receipt of your payment for suchservices. In the event we do not register or reserve your domain name or register you for other Services, or we deleteyour domain name or other Services within such thirty (30) calendar day period, we agree to refund your applicablefee(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 declaredinvalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possibleto reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force andeffect.
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 torequire such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be takenor 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 bysending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have beengiven when an electronic confirmation of delivery has been obtained by the sender. In the case of e-mail notification tous or to the RSP tolhutz@Tucows.com email@example.com or, inthe case of notice to you, at the e-mail address provided by you in your WHOIS record. Any e-mail communication shall bedeemed to have been validly and effectively given on the date of such communication, if such date is a business day andsuch delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next businessday. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given 5business days after the date of mailing and, in the case of notification to us or to the RSP shall be sent to:
Sidetrips Internet Services
P.O. Box 2231
Ft. Collins, CO. 80522-2231
and in the case of notification to you shall be to the address specified in the "Administrative Contact" in your WHOISrecord.
26. ENTIRETY. You agree that this Agreement, the rules and policies published by us and the Dispute Policy are thecomplete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policysupersede 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 OFPROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OFLAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT TO THE JURISDICTIONOF 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 ANDCONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATIONAGREEMENT., GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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