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.TV Registration Agreement


APPENDIX A

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 .tv
domain name registration provided by us as offered through
Sidetrips Internet Services, Inc. (“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 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.
3. FEES. As consideration for the Services you have selected,
you agree to pay 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 statements in your Application are true,
complete and accurate. Failure to maintain accurate information will be
considered a material breach of this Agreement and will entitle us to delete
your domain name registration.
4. TERM. This 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.
5. 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. You further agree to be bound by the ICANN Uniform Dispute Resolution
Policy (“Dispute Policy”) as presently written and posted on
http://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.
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. 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.
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 that 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.opensrs.org/legal/udrp.shtml.
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. 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. POLICY. You agree that your registration of the .tv domain
name shall be subject to suspension, cancellation, or transfer pursuant to any
ICANN or government adopted policy, or pursuant to any Registrar or registry
procedure not inconsistent with an ICANN or government-adopted policy, (1) to
correct mistakes by us or the applicable Registry in registering the name or (2)
for the resolution of disputes concerning the domain name. You acknowledge that
you have reviewed the .tv General Terms of Service which may be found at:
http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml and expressly agree to
the terms outlined therein.
10. AGENCY. 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.
11. ANNOUNCEMENTS. 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.
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). 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 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, affiliates and third party
beneficiaires 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.
14. TRANSFER OF OWNERSHIP. The person named as administrative
contact 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). 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 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.
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 for the purpose of improving
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 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.
You 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.
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 accessor 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 (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.
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. 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.
We 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.
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 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 lhutz@tucows.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. 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:
OUR ADDRESS:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
Attention: Legal Affairs
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.
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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