DOMAIN
NAME REGISTRATION TERMS AND CONDITIONS
1. IN THIS REGISTRATION AGREEMENT ("Agreement"), “Registrant”, "you" and "your" refers
to the Registrant of each domain name registration, "we", “us" and "our" refers
to Tucows.com Co., and “Services” refers to the domain name
registration services provided by us as offered through Milestone
Design Services Ltd, the Registration Service Provider (“Reseller”).
Any reference to a “registry,” “Registry” or “Registry
Operator” shall refer to the registry administrator of the applicable
TLD or ccTLD. This Agreement explains our obligations to you, and
explains your obligations to us for the Services. By agreeing to
the terms and conditions set forth in this Agreement, you are also
agreeing to be bound by the rules and regulations set forth by a
registry for that particular registry only.
2. SELECTION OF A DOMAIN NAME. You acknowledge and agree that we cannot
guarantee that you will obtain a desired domain name registration, even if an
inquiry indicates that a domain name is available at the time of your application
for same. 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 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. During the period following registration of
a domain name and the appointment of active name servers, we may post a stagnant
web page and any revenues generated from same shall be for our own account.
3. FEES. As consideration for the Services, you agree to pay Reseller
the applicable service(s) fees prior to the effectiveness of a desired domain
name registration or any renewal thereof. All fees payable hereunder are non-refundable
even if your domain name registration is suspended, cancelled or transferred
prior to the end of your current registration term. 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 represent that the Account Information and all other statements put forth
in your application are true, complete and accurate. Both Tucows and each registry
reserves 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 breach of this Section 3 will constitute a material breach
of our Agreement, which will entitle either us or a registry to terminate this
Agreement immediately upon such breach without any refund and without notice
to you.
4. TERM. This Agreement will remain in effect during the term of your
domain name registration as selected, recorded and paid for at the time of registration
or any renewal thereof. Should the domain name be transferred to another registrar,
the terms and conditions of this Agreement shall cease.
5. MODIFICATIONS TO AGREEMENT. You acknowledge that the practice of registering
and administering domain names is constantly evolving; therefore, you agree that
Tucows may modify this Agreement, or any other related and/or applicable agreement,
as is necessary to comply with its agreements with ICANN, a registry or any other
entity or individual, as well as to adjust to changing circumstances. All amendments
to this Agreement will be posted on our website. Your continued use of the domain
name registered to you will constitute your acceptance of this Agreement with
any revisions. If you do not agree to any change, you may request that your domain
name registration be cancelled or transferred to a different accredited registrar.
You agree that such cancellation or request for transfer will be your exclusive
remedy if you do not wish to abide by any change to this Agreement, or any other
related and/or applicable agreement.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account
information with us, you must use the 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. NO GUARANTY. You acknowledge that registration or reservation of your
chosen domain name does not confer immunity from objection to the registration,
reservation or use of the domain name.
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 adopted by the applicable registry.
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 applicable policy. If Tucows is notified that a complaint has
been filed with a judicial or administrative body regarding your domain name,
Tucows may, at its sole discretion, suspend your ability to use your domain name
or to make modifications to your registration records until (i) Tucows is directed
to do so by the judicial or administrative body, or (ii) Tucows receives notification
by you and the other party contesting your domain that the dispute has been settled.
Furthermore, you agree that if you are subject to litigation regarding your registration
or use of your domain name, Tucows may deposit control of your registration record
into the registry of the judicial body by supplying a party with a registrar
certificate from us.
9. POLICY. You agree that your registration of the domain name shall be
subject to suspension, cancellation, or transfer pursuant to a Tucows, registry,
ICANN or government-adopted policy, or pursuant to any registrar or registry
procedure not inconsistent with a Tucows, registry, ICANN or government-adopted
policy, (1) to correct mistakes by us or a 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 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 will secure the agreement of any third
party to the terms and conditions in this Agreement
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
the initial registration of your domain name. Tucows and its directors, employees,
affiliates, subsidiaries, agents and third party providers, ICANN and the applicable
registries 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
states do not allow the exclusion or limitation of liability for consequential
or incidental damages, in such states, 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 Tucows, its contractors,
agents, employees, officers, directors and affiliates, ICANN, the applicable
registries and their respective directors, officers, employees, agents and affiliates
harmless from all liabilities, claims and expenses, including attorney's fees,
of third parties arising out of or relating to the registration or use of the
domain name registered in your name, whether used by yourself, licensed to a
third party or pursuant to the Whois Privacy Service, including without limitation
infringement by you or a third party with access to your Account Identifier and
Password. You also agree to release, indemnify and hold us harmless pursuant
to the terms and conditions contained in the applicable 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 the suspension or cancellation of your domain name. This indemnification obligation
will survive the termination or expiration of this Agreement.
14. TRANSFER OF OWNERSHIP. The person named as Registrant on the Whois
shall be the registered name holder. The person named as administrative contact
at the time the controlling account identifier and password are secured shall
be deemed the designate of the Registrant with the authority to manage 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. 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. RENEWALS AND FORFEITURE. Domain names are registered for a finite
period of time. You will receive reminders immediately prior to the expiration
of your registration inviting you to renew your domain name. In the event that
you fail to renew your domain name in a timely fashion, your registration will
expire and we may, at our discretion, elect to assume the registration and may
hold it for our own account, delete it or we may sell it to a third party. You
acknowledge and agree that your right and interest in a domain name ceases upon
its expiration and that any expired domain name may be made available for registration
by a third party.
If you fail to renew your registration, your domain name may cease to resolve
and visitors to your site may be redirected to a default page informing them
that the site is no longer in service. This parked or default page may feature
advertisements posted by us for our own account.
If we have elected to renew the registration, you will be entitled to a grace
period during which you may re-register the domain name from us. Additional costs
may apply. During this grace period, we may post a parked page and/or may revise
the “Whois” registration records to include either our information
or that of your Reseller. The domain name may also be listed for auction. If
the name is sold during any such auction, it will be acquired by a third party
on a provisional basis and will remain available for re-registration by you during
our stated grace period. If you do not re-register the domain name during the
grace period, the auction sale will be concluded.
If you fail to renew your domain name registration during the grace period, you
acknowledge that you have abandoned the domain name and that it is available
for sale and registration by any third party.
16. 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.
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:
| (a) |
your name and postal address (or,
if different, that of the domain name holder); |
| (b) |
the domain name being registered; |
| (c) |
the name, postal address, e-mail address, and
voice and fax (if available) telephone numbers of the administrative
contact for the domain name; |
| (d) |
the name, postal address, e-mail address, and
voice and fax (if available) telephone numbers of the billing
contact for the domain name; and |
| (e) |
the name, postal address, e-mail address, and
voice and fax (if available) telephone numbers of the technical
contact for the domain name. |
Any voluntary information we request is collected in order that we
can continue to improve the products and services offered to you through
your Reseller.
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, law enforcement agencies 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.
| (a) |
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. |
| (b) |
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 Reseller. |
| (c) |
We will not process or maintain 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. |
| (d) |
We will take reasonable precautions to protect the information
we obtain from you from our loss, misuse, unauthorized disclosure, alteration
or destruction of that information. |
20. OBLIGATION TO MAINTAIN WHOIS. Your wilful provision of inaccurate
or unreliable information, your wilful failure promptly to update information
provided to us, or any failure to respond to inquiries by us addressed to the
email address of the registrant, the administrative, billing or technical contact
appearing in the Whois directory with respect to a domain name concerning the
accuracy of contact details associated with the registration shall constitute
a material breach of this Agreement and be a basis for cancellation of the domain
name registration. Any information collected by us concerning an identified or
identifiable natural person (“Personal Data”) will be used in connection
with the registration of your domain name(s) and for the purposes of this Agreement
and as required or permitted by ICANN or an applicable registry policy.
21. REVOCATION. We, in our sole discretion, reserve the right to deny,
cancel, suspend, transfer or modify any domain name registration to correct a
mistake, protect the integrity and stability of the company and any applicable
registry, to comply with any applicable laws, government rules, or requirements,
requests of law enforcement, in compliance with any dispute resolution process,
or to avoid any liability, civil or criminal. You agree that we shall not be
liable to you for loss or damages that may result from our refusal to register
or cancel, suspend, transfer or modify your domain name registration.
22. INCONSISTENCIES WITH REGISTRY POLICIES. In the event that this Agreement
may be inconsistent with any term, condition, policy or procedure of an applicable
registry, the term, condition, policy or procedure of the applicable registry
shall prevail.
23. 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.
24. 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 be given when an electronic confirmation of delivery has been obtained by
the sender. E-mail notification to Tucows must be sent to lhutz@tucows.com. Any
notice to you will be sent 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 five
(5) business days after the date of mailing Postal notices to Tucows shall be
sent to:
Tucows.com Co.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1
CANADA
Attention: Legal Affairs
and in the case of notification to you shall be sent to the address specified
in the “Administrative Contact” in your Whois record.
25. ENTIRETY. You agree that this Agreement, the applicable dispute policy
and the rules and policies published by Tucows and any applicable registry or
other governing authority, are the complete and exclusive agreement between you
and us regarding our Services.
26. 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.
27. INFANCY. You attest that you are of legal age to enter into this Agreement.
28. FORCE MAJEURE. You acknowledge and agree that neither we nor the applicable
registry shall be responsible for any failures or delays 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.
29. PRIVACY. Information collected about you is subject to the terms of
Tucows’ privacy policy, the terms of which are hereby incorporated by reference.
Tucows’ privacy policy can be found at: http://www.tucows.com/privacy.html
30. 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.
31. TLD’S. The following additional provisions apply to any domain
names that you register through Tucows with the various registries:
| (a) |
.com/net Domains: In the case of a “.com” or “.net” registration,
the following terms and conditions will apply: |
|
| (i) |
Submission to UDRP. Registrant agrees to submit to
proceedings under ICANN's Uniform Domain Dispute Policy (“UDRP”)
(http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry; these
policies are subject to modification; |
| (ii) |
For the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall submit, without
prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant’s domicile,
and (2) where Tucows is located, presently Toronto, Ontario. |
|
| (b) |
.org Domains: In the case of a “.org” registration,
the following terms and conditions will apply: |
|
| (i) |
Submission to UDRP. Registrant agrees to submit to
proceedings under ICANN's Uniform Dom ain Dispute Policy (“UDRP”)
(http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry. These
policies are subject to modification; |
| (ii) |
For the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall submit, without
prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant’s domicile,
and (2) where Tucows is located, presently Toronto, Ontario. |
|
| (c) |
.info Domains: In the case of a “.info” registration,
the following terms and conditions will apply: |
|
| (i) |
Registrant’s Personal Data. You consent to
the use, copying, distribution, publication, modification, and
other processing of Registrant’s personal data by Afilias,
the .INFO registry, and its designees and agents, in a manner
consistent with the purposes specified pursuant to its contract; |
| (ii) |
Submission to UDRP. Registrant agrees to submit to
proceedings under ICANN's Uniform Domain Dispute Policy (“UDRP”)
(http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry. These
policies are subject to modification; |
| (iii) |
For the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall submit, without
prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant’s domicile,
and (2) where Tucows is located, presently Toronto, Ontario; |
| (iv) |
Reservation of Rights. Tucows and Afilias expressly
reserve the right to deny, cancel, transfer, or modify any registration
that either registrar or Afilias deems necessary, at its discretion,
to protect the integrity and stability of the registry, to comply
with any applicable law, any government rule or requirement,
any request of law enforcement, any dispute resolution process,
or to avoid any liability, civil or criminal, on the part of
the registrar and/or Afilias, as well as their affiliates, subsidiaries,
executives, directors, officers, managers, employees, consultants,
and agents. The registrar and Afilias also reserve the right
to suspend a domain name or its registration data during resolution
of a dispute. |
|
| (d) |
.biz Domains. In the case of a “.biz” registration,
the following terms and conditions will apply: |
|
| (i) |
.biz Restrictions. Registrations in the .biz top-level
domain must be used or intended to be used primarily for bona
fide business or commercial purposes. For the purposes of the
.biz registration restrictions, “bona fide business or
commercial use” shall mean the bona fide use or bona fide
intent to use the domain name or any content, software, materials,
graphics or other information thereon, to permit Internet users
to access one or more host computers through the DNS: |
|
| (A) |
to exchange goods, services, or property
of any kind; |
| (B) |
in the ordinary course of business; or |
| (C) |
to facilitate (i) the exchange of goods,
services, information or property of any kind; or (ii)
the ordinary course of trade or business. |
|
|
For more information on the .biz restrictions, which
are incorporated herein by reference, please see: http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm. |
| (ii) |
Selection of a Domain Name. You represent that: |
|
| (A) |
the data provided in the domain name registration
application is true, correct, up to date and complete,
and that you will continue to keep all of the information
provided correct, up-to-date and complete; |
| (B) |
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; |
| (C) |
that the domain name is not being registered
for nor shall it at any time whatsoever be used for any
unlawful purpose whatsoever; |
| (D) |
the registered domain name will be used primarily
for bona fide business or commercial purposes and not
(a) exclusively for personal use, or (b) solely for the
purposes of (1) selling, trading or leasing the domain
name for compensation, or (2) the unsolicited offering
to sell, trade or lease the domain name for compensation; |
| (E) |
you have the authority to enter into this
Registration Agreement; and |
| (F) |
the registered domain name is reasonably
related to your business or intended commercial purpose
at the time of registration. |
|
| (iii) |
Provision of Registration Data. As part of the registration
process, you are required to provide us with certain information
and to keep the information true, current, complete, and accurate
at all times. The information includes the following: |
|
| (A) |
your full name; |
| (B) |
your postal address; |
| (C) |
your e-mail address; |
| (D) |
your voice telephone number; |
| (E) |
your fax number (if applicable); |
| (F) |
the name of an authorized person for contact
purposes in the case of a registrant that is an organization,
association, or corporation; |
| (G) |
the IP addresses of the primary nameserver
and any secondary nameserver for the domain name; |
| (H) |
the corresponding names of the primary and
secondary nameservers; |
| (I) |
the full name, postal address, e-mail address,
voice telephone number, and, when available, fax number
of the administrative, technical, and billing contacts,
and the name holder for the domain name; and |
| (J) |
any remark concerning the domain name that
should appear in the Whois directory. |
| (K) |
You agree and understand that the foregoing
registration data will be publicly available and accessible
on the Whois directory as required by ICANN and/or registry
policies, and may be sold in bulk in accordance with
the ICANN agreement. |
|
| (iv) |
Domain Name Disputes. You acknowledge having read
and understood and agree to be bound by the terms and conditions
of the following documents, as they may be amended from time
to time, which are hereby incorporated and made an integral part
of this Agreement: |
|
|
|
(collectively, the “Dispute Policies”). |
| (v) |
The Dispute Policy sets forth the terms and conditions
in connection with a dispute between a Registrant and any party
other than the Registry or Registrar over the registration and
use of an Internet domain name registered by Registrant. |
| (vi) |
The RDRP sets forth the terms under which any allegation
that a domain name is not used primarily for business or commercial
purposes shall be endorsed on a case-by-case, fact specific basis
by an independent ICANN-accredited dispute provider. |
| (vii) |
For the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall submit, without
prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant’s domicile,
and (2) where Tucows is located, presently Toronto, Ontario. |
|
| (e) |
.name Domains. In the case of a “.name” registration,
the following terms and conditions will apply: |
|
| (i) |
.name Restrictions. Registrations in the .name top-level
domain must constitute an individual’s “Personal
Name”. For purposes of the .name restrictions (the “Restrictions”),
a “Personal Name” is a person’s legal name,
or a name by which the person is commonly known. A “name
by which a person is commonly known” includes, without
limitation, a pseudonym used by an author or painter, or a stage
name used by a singer or actor. |
| (ii) |
.name Representations. As a .name domain name registrant,
you hereby represent that: |
|
| (A) |
the registered domain name or second level
domain (“SLD”) e-mail address is your Personal
Name. |
| (B) |
the data provided in the domain name registration
application is true, correct, up to date and complete
and that you will continue to keep all of the information
provided correct, current and complete, |
| (C) |
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; |
| (D) |
that the domain name is not being registered
for nor shall it at any time whatsoever be used for any
unlawful purpose whatsoever; |
| (E) |
the registration satisfies the Eligibility
Requirements found at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
and |
| (F) |
you have the authority to enter into this
Registration Agreement. |
|
| (iii) |
E-mail Forwarding Services. The Services for
which you have registered may, at your option, include e-mail
forwarding. To the extent you opt to use e-mail forwarding, you
are obliged to do so in accordance with all applicable legislation
and are responsible for all use of e-mail forwarding, including
the content of messages sent through e-mail forwarding.
You undertake to familiarize yourself with the content of and
to comply with the generally accepted rules for Internet and
e-mail usage. This includes, but is not limited to the Acceptable
Use Policy, available at http://www.nic.name/downloads/aup.pdf as
well as the following restrictions. Without prejudice to the
foregoing, you undertake not to use e-mail forwarding: |
|
| (A) |
to encourage, allow or participate in any
form of illegal or unsuitable activity, including but
not restricted to the exchange of threatening, obscene
or offensive messages, spreading computer viruses, breach
of copyright and/or proprietary rights or publishing
defamatory material; |
| (B) |
to gain illegal access to systems or networks
by unauthorized access to or use of the data in systems
or networks, including all attempts at guessing passwords,
checking or testing the vulnerability of a system or
network or breaching the security or access control without
the sufficient approval of the owner of the system or
network; |
| (C) |
to interrupt data traffic to other users,
servers or networks, including, but not restricted to,
mail bombing, flooding, Denial of Service (DoS) attacks,
wilful attempts to overload another system or other forms
of harassment; or |
| (D) |
for spamming, which includes, but is not
restricted to, the mass mailing of unsolicited e-mail,
junk mail, the use of distribution lists (mailing lists)
which include persons who have not specifically given
their consent to be placed on such distribution list.
Users are not permitted to provide false names or in
any other way to pose as somebody else when using e-mail
forwarding. |
|
| (iv) |
Registry reserves the right to implement additional
anti-spam measures, to block spam or mail from systems with a
history of abuse from entering Registry’s e-mail forwarding.
However, due to the nature of such systems, which actively block
messages, Registry shall make public any decision to implement
such systems a reasonable time in advance, so as to allow you
or us to give feedback on the decision. |
| (v) |
You understand and agree that Registry may delete
material that does not conform to clause (c) above or that in
some other way constitutes a misuse of e-mail forwarding. You
further understand and agree that Registry is at liberty to block
your access to e-mail forwarding if you use e-mail forwarding
in a way that contravenes this Agreement. You will be given prior
warning of discontinuation of the e-mail forwarding unless it
would damage the reputation of Registry or jeopardize the security
of Registry or others to do so. Registry reserves the right to
immediately discontinue e-mail forwarding without notice if the
technical stability of e-mail forwarding is threatened in any
way, or if you are in breach of this Agreement. On discontinuing
e-mail forwarding, Registry is not obliged to store any contents
or to forward unsent e-mail to you or a third party. |
| (vi) |
You understand and agree that to the extent either
we and/or Registry is required by law to disclose certain information
or material in connection with your e-mail forwarding, either
we and/or Registry will do so in accordance with such requirement
and without notice to you. |
| (vii) |
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. You hereby acknowledge that you have read and understood
and agree to be bound by the terms and conditions of the following
documents, as they may be amended from time to time, which are
hereby incorporated and made an integral part of this Agreement. |
|
|
| (viii) |
The Eligibility Requirements dictate that Personal
Name domain names and Personal Name SLD e-mail addresses will
be granted on a first-come, first-served basis. The following
categories of Personal Name Registrations may be registered:
(i) the Personal Name of an individual; (ii) the Personal Name
of a fictional character, if you have trademark or service make
rights in that character’s Personal Name; (iii) in addition
to a Personal Name registration, you may add numeric characters
to the beginning or the end of the Personal Name so as to differentiate
it from other Personal Names. |
| (ix) |
The ERDRP applies to challenges to (i) registered
domain names and SLD e-mail address registrations within .name
on the grounds that a Registrant does not meet the Eligibility
Requirements, and (ii) to Defensive Registrations (as defined
by the Registry) within .name. |
| (x) |
The UDRP sets forth the terms and conditions in connection
with a dispute between a Registrant and party other than the
Registry or Tucows over the registration and use of an Internet
domain name registered by a Registrant. |
| (xi) |
For the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall submit, without
prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant’s domicile,
and (2) where Tucows is located, presently Toronto, Ontario. |
|
32. ccTLD’S
| (a) |
.at Domains. In the case of a “.at” registration,
the following terms and conditions will apply: |
|
| (i) |
Registry Policy. 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 http://www.nic.at/en/service/legal_information/terms_conditions/.
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. |
|
| (b) |
.be Domains. In the case of a “.be” registration,
the following terms and conditions will apply: |
|
| (i) |
Registry Policy. 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 http://www.dns.be/en/home.php?n=51.
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. |
| (ii) |
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 .be 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.dns.be/en/home.php?n=53. |
|
| (c) |
.ca Domains. In the case of a “.ca” registration,
the following terms and conditions will apply: |
|
| (i) |
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 http://www.cira.ca/en/cat_Dpr.html.
Please take the time to familiarize yourself with this policy. |
| (ii) |
Registry Policy. You agree that your registration
of the domain name shall be subject to suspension, cancellation,
or transfer pursuant to any Registry-adopted policy, or pursuant
to any registrar or registry procedure not inconsistent with
a Registry adopted policy, (1) to correct mistakes by Tucows
or the Registry in registering the name or (2) for the resolution
of disputes concerning the domain name. |
| (iii) |
Transfer of Ownership. Any transfer of ownership
in and to a domain name registration shall be affected in accordance
with registry policies and procedures. |
| (iv) |
Registry Agreement and Policy. You acknowledge and
understand that by accepting the terms and conditions of this
agreement you shall be bound by the Registry’s Registrant
Agreement, the Registry’s policies and any pertinent rules
or policies that exist now or in the future and which are posted
on the Registry website at http://www.cira.ca/en/doc_Registrar.html.
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 agreement or policy,
your sole remedy is to cancel your domain name registration by
following the appropriate Registry policy regarding such cancellation. |
| (v) |
You acknowledge and agree that the Registry shall
not be liable to you for any loss, damage, or expense arising
out of the Registry’s failure or refusal to register a
domain name, it’s failure or refusal to renew a domain
name registration, it’s registration of a domain name,
it’s failure or refusal to renew a domain name registration,
it’s renewal of a domain name registration, it’s
failure or refusal to transfer a domain name registration, it’s
transfer of a domain name registration, it’s failure or
refusal to maintain or modify a domain name registration, it’s
maintenance of a domain name registration, it’s modification
of a domain name registration, it’s failure to cancel a
domain name registration or it’s cancellation of a domain
name registration from the Registry; |
|
| (d) |
.cc Domains. In the case of a “.cc” registration,
the following terms and conditions will apply: |
|
| (i) |
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.nic.cc/policies/dispute.html.
Please take the time to familiarize yourself with this policy. |
| (ii) |
Registry Policy. 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: http://www.enic.cc/en-def-c2689f094aa0/en/policies/policies.shtml.
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. |
|
| (e) |
.ch Domains. In the case of a “.ch” registration,
the following terms and conditions shall apply: |
|
| (i) |
Registry Policy. 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 http://www.switch.ch/id/terms. 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. |
| (ii) |
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 .ch 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.switch.ch/id/disputes/rules.
Please take the time to familiarize yourself with this policy. |
|
| (f) |
.cn Domains. In the case of a “.cn” registration,
the following terms and conditions shall apply: |
|
| (i) |
“Registry” means the China Internet Network
Information Center, which is the authority responsible for the
administration of the national top-level domain of the People’s
Republic of China and the Chinese domain name system; |
| (ii) |
“Registry Gateway” means the service
provided by the Registry Operator that facilitates the registration
of .cn domain names by registrars operating outside of the People’s
Republic of China; |
| (iii) |
“Registry Operator“ means Neustar, Inc.,
the company authorized to facilitate the registration of .cn
domain names by registrars operating outside of the People’s
Republic of China. |
| (iv) |
Restrictions. You agree that you shall not register
or use a domain name that is deemed by CNNIC to: |
|
| (A) |
be against the basic principles prescribed
in the Constitution of the Peoples Republic of China
(“PRC”); |
| (B) |
jeopardize national security, leak state
secrets, intend to overturn the government or disrupt
the integrity of the PRC; |
| (C) |
harm national honour and national interests
of the PRC; |
| (D) |
instigate hostility or discrimination between
different nationalities or disrupt the national solidarity
of the PRC; |
| (E) |
spread rumours, disturb public order or disrupt
social stability of the PRC; |
| (F) |
spread pornography, obscenity, gambling,
violence, homicide, terror or instigate crimes in the
PRC; |
| (G) |
insult, libel against others and infringe
other people’s legal rights and interests in the
PRC; or |
| (H) |
take any other action prohibited in laws,
rules and administrative regulations of the PRC. |
|
| (v) |
Business or Organization Representation. .cn domain
name registrations are intended for businesses and organizations
and not for individual use. By registering a .cn name, you accordingly
represent that you have registered the domain name on behalf
or a business or organization. It should be noted that, although
.cn policy is permissive in terms of registration, and enforcement
is generally in reaction to a complaint (as opposed to proactive
review), registrations that are not associated with an organization
or business may be subject to deletion. The foregoing prevents
an individual from registering a .cn domain name for a business
operating as a sole proprietorship. |
| (vi) |
Domain Name Disputes. You acknowledge having read
and understood and agree to be bound by the terms and conditions
of the CNNIC Domain Name Dispute Policy & Rules for CNNIC
Dispute Resolution Policy (“Dispute Policy”), as
they may be amended from time to time, which are hereby incorporated
and made an integral part of this Agreement. The Dispute Policy
is currently found at: http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm. |
| (vii) |
You acknowledge that, pursuant to the Dispute Policy,
Registrars must comply with all reasonable requests from the
applicable domain name dispute resolution institutions including
the provision of all relevant evidence in any domain name disputes
in the specified time frames. |
| (viii) |
If we are notified that a complaint has been filed
with a judicial or administrative body regarding your use of
our domain name registration services, you agree not to make
any changes to your domain name record without our prior approval.
We may not allow you to make changes to such domain name record
until (i) we are directed to do so by the judicial or administrative
body, or (ii) we receive notification by you and the other party
contesting your registration and use of our domain name registration
services that the dispute has been settled. Furthermore, you
agree that if you are subject to litigation regarding your registration
and use of our domain name registration services, we may deposit
control of your domain name record into the registry of the judicial
body by supplying a party with a registrar certificate from us. |
| (ix) |
Adherence to Policies. You agree to comply with all
applicable laws, regulations and policies of the Peoples Republic
of China’s governmental agencies and the China Internet
Network Information Centre (“CNNIC”), including but
not limited to the following rules and regulations: |
|
|
|
You acknowledge that you have read and understood
and agree to be bound by the terms and conditions of the policies
of the CNNIC, as they may be amended from time to time. |
| (x) |
Suspension and Cancellation. You agree that your
registration of the domain name shall be subject to suspension,
cancellation, or transfer pursuant to any Tucows, Registry Operator,
CNNIC or government-adopted policy, or pursuant to any registrar
or registry procedure not inconsistent with a CNNIC or government-adopted
policy, (1) to correct mistakes by a party in registering the
name, (2) for the resolution of disputes concerning the domain
name, (3) to protect the integrity and stability of the registry,
(4) to comply with any applicable laws, government rules or requirements,
requests of aw enforcement, (5) to avoid any liability, civil
or criminal, on the part of Tucows, Registry Operator or CNNIC,
as well as their affiliates, subsidiaries, directors, representatives,
employees and stockholders or (6) for violations of this Agreement.
Tucows, Registry Operator and CNNIC also reserve the right to “freeze” a
domain name during the resolution of a dispute. |
| (xi) |
Jurisdiction. For the adjudication of disputes concerning
or arising from use of the domain name, the Registrant shall
submit, without prejudice to other potentially applicable jurisdictions,
to the jurisdiction of the courts (1) of the Registrant’s
domicile, (2) where Tucows is located, and (3) the People’s
Republic of China. |
| (xii) |
Governing Law. For the adjudication of a dispute
concerning or arising from use of a .cn domain, such dispute
will be governed under the Laws of the Peoples Republic of China. |
|
| (g) |
.de Domains. In the case of a “.de” registration,
the following terms and conditions will apply: |
|
| (i) |
Selection of a Domain Name. You represent that: |
|
| (A) |
you have reviewed and have accepted the Registry’s
Terms and Conditions and the Registry’s Guidelines
and have provided your Reseller with written confirmation
of same;you have reviewed and have accepted the Registry’s
Terms and Conditions and the Registry’s Guidelines
and have provided your Reseller with written confirmation
of same; |
| (B) |
either you, or the person designated as the
administrative contact for the domain name, shall be
resident or shall have a branch in Germany; |
| (C) |
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. |
|
| (ii) |
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 by the Registry
or any court of law. 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 specified by
the Registry or any court of law. |
| (iii) |
Registry Policies. You agree to be bound by the Registry’s
Registration Terms and Conditions and the Registration Guidelines.
English language translations of the Registry’s documents
are provided for convenience; in the event of a discrepancy between
the English and the German language agreements, the terms of
the German agreement will prevail. The Registry documents may
be found at: |
|
|
|
| (h) |
.eu domains. In the case of a “.eu” registration,
the following terms and conditions will apply: |
|
| (i) |
Eligibility Criteria. .eu domain names are available
for registration to companies and persons who fulfill the following
criteria. As a condition of registration, you accordingly represent
that you are: |
|
| (A) |
an undertaking having its registered office,
central administration or principal place of business
within the European Community; |
| (B) |
an organization established within the European
Community without prejudice to the application of national
law, or |
| (C) |
a natural person resident within the European
Community. |
|
| (ii) |
Registry Policy. 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. Registration policies of the Registry and the terms
and conditions applicable to your .eu registration may be found
at: http://www.eurid.eu/en/general/launch.
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. |
| (iii) |
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 by the Registry
or any court of law. |
|
| (i) |
.fr Domains. In the case of a “.fr” registration,
the following terms and conditions will apply: |
|
| (i) |
Representation of Registrant. .fr domain names are
available for registration to companies and persons who fulfill
the following criteria. As a condition of registration, you accordingly
represent that you are: |
|
| (A) |
A legal entity: |
|
| (I) |
whose head office is in France; (or), |
| (II) |
which possess an address in France
which is expressly listed in the public electronic
databases of the registrars of the commercial
courts or the National Statistical and Economic
Studies Institute (INSEE), (or), |
| (III) |
State institutions or departments,
local authorities or associated establishments,
(or), |
| (IV) |
which own a trademark registered
with the National Intellectual Property Institute
or own a registered EU or international trademark
which expressly includes French territory. |
|
| (ii) |
Administrative Contact. Each registrant must
designate an administrative contact to act as a coordinator
between the registrant and the Registry. In the case
of .fr registrations, the administrative contact must
be based in France where it can receive legal and other
documents. |
| (iii) |
Registry Policies. You agree to be bound
by the Registry’s Naming Charter, its registration
rules for .fr. English language translations of the Registry’s
documents are provided for convenience. The Registry
documents may be found at: www.afnic.fr/obtenir/chartes/nommage-fr. |
| (iv) |
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 by the Registry or any court of
law. The current .fr dispute resolution policy and procedures
can be found at http://www.afnic.fr/doc/ref/juridique/parl.
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 specified
by the Registry or any court of law. |
|
| (j) |
.it Domains. In the case of a “it” registration,
the following terms and conditions shall apply: |
|
| (i) |
Registration Criteria. Registration of an
.it name is restricted to subjects belonging to a member
state of the European Union. Individuals and associations
operating without a VAT number or a fiscal code are limited
to a single domain name registration. |
| (ii) |
Registry Policy. 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 http://www.nic.it/NA/regole-naming-curr-engl.txt.
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. Additional policies,
including transfer procedures and “netiquette” rules
may be found at http://www.nic.it/NA/index-engl.html. |
|
| (k) |
.nl Domains. In the case of a “.nl” registration,
the following terms and conditions shall apply: |
|
| (i) |
Registration Criteria. Registration of a
.nl domain name is unrestricted save and except that
applicants who are not based in the Netherlands or who
do not have a registered address in the Netherlands must
provide an address in the Netherlands where written documents
can be sent to the applicant and where legal summonses
can be served. |
| (ii) |
Registry Policies. You agree to be bound
by the policies of the Registry including but not limited
to the Registry’s Registration Regulations. English
language translations of the Registry’s documents
are provided for convenience and may be found at: http://www.sidn.nl/ace.php/c,728,2679,,,,Regulations_for_registration_of_nl_domain_names.html. 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 by the Registry
or any court of law. The current .nl dispute resolution
policy and procedures can be found at http://www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations_for_arbitration_on_.nl_domain_names/index.html.
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 specified
by the Registry or any court of law. |
|
| (l) |
.tv Domains. In the case of a “.tv” registration,
the following terms and conditions will apply: |
|
| (i) |
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.icann.org/dndr/udrp/policy.htm.
Please take the time to familiarize yourself with this
policy. |
| (ii) |
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. |
|
| (m) |
.uk Domains. In the case of a .uk registration,
the following terms and conditions will apply: |
|
| (i) |
“Nominet UK” means the entity
granted the exclusive right to administer the registry
for .uk domain name registrations. |
| (ii) |
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: http://www.nominet.org.uk/disputes/.
Please take the time to familiarize yourself with this
policy. |
| (iii) |
Nominet UK Policy. You agree that your registration
of the domain name shall be subject to suspension, cancellation,
or transfer pursuant to any Nominet UK-adopted policy,
term or condition, or pursuant to any registrar or registry
procedure not inconsistent with an Nominet UK-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. The current Nominet
UK terms and conditions can be found at: http://www.nominet.org.uk/registrants/legal/terms/.
When you submit a request for a domain name registration
with Tucows and/or Reseller, you will be entering into
two contracts – one contract with Tucows and/or
Reseller and one contract with Nominet UK.
Tucows and your Reseller will act as agents on your behalf
by submitting your application to Nominet for you, however,
you will still be entering into a direct contract between
you and Nominet UK. This is a separate contract from
this agreement; may be found at http://resellers.tucows.com/contracts/uk/ukterms.
Tucows and Reseller must also make you aware that by
accepting Nominet’s terms and conditions you are
consenting to Nominet using your personal data for a
variety of reasons. In particular, your name and address
may be published as part of Nominet’s Whois look-up
service. |
| (iv) |
Transfer of Ownership. Any transfer of ownership
in and to a domain name registration shall be affected
in accordance with Nominet UK policies and procedures. |
|
| (n) |
.us Domains. In the case of a “.us” registration,
the following terms and conditions will apply: |
|
| (i) |
“DOC” means the United States
of America Department of Commerce. |
| (ii) |
“.us Nexus Requirement”. Only
those individuals or organizations that have a substantive
lawful connection in the United States are permitted
to register for .usTLD domain names. Registrants in the
.usTLD must satisfy the nexus requirement (“Nexus” or “Nexus
Requirements”) set out at: http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf. |
| (iii) |
Selection of a Domain Name. You certify and
represent that: |
|
| (A) |
You have and shall continue to have,
a bona fide presence in the United States on
the basis of real and substantial lawful contacts
with, or lawful activities in, the United States
as defined in Section (ii) hereinabove; |
| (B) |
The listed name servers are located
within the United States; |
| (C) |
The data provided in the domain name
registration application is true, correct, up
to date and complete, and that you will continue
to keep all of the information provided correct,
up-to-date and complete; |
| (D) |
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; |
| (E) |
That the domain name is not being
registered for nor shall it at any time whatsoever
be used for any unlawful purpose whatsoever; |
| (E) |
You have the authority to enter into
this Registration Agreement. |
|
| (iv) |
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 and the usDRP, as defined
below, that is incorporated herein and made a part of
this Agreement by reference. Please take the time to
familiarize yourself with these policies. |
| (v) |
Domain Name Disputes. You acknowledge having
read and understood and agree to be bound by the terms
and conditions of the following documents, as they may
be amended from time to time, which are hereby incorporated
and made an integral part of this Agreement: |
|
| (A) |
The Nexus Dispute Policy (“Dispute
Policy), available at: http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf.
The Dispute Policy will provide interested parties
with an opportunity to challenge a registration
not complying with the Nexus Requirements. |
| (B) |
The usTLD Dispute Resolution Policy
(“usDRP”) available at: http://www.neustar.us/policies/docs/usdrp.pdf.
The usDRP is intended to provide interested parties
with an opportunity to challenge a registration
based on alleged trademark infringement. |
| (C) |
In addition to the foregoing, you
agree that, for the adjudication of disputes
concerning or arising from use of the Registered
Name, you shall submit, without prejudice to
other potentially applicable jurisdictions, to
the jurisdiction of the courts (i) of your domicile,
(ii) where Tucows is located, and (iii) the United
States. |
|
| (vi) |
Policy. You agree that your registration
of the domain name shall be subject to suspension, cancellation,
or transfer pursuant to any Tucows, Registry Operator,
the DOC or government-adopted policy, or pursuant to
any registrar or registry procedure not inconsistent
with a DOC 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. The Registry Operator’s policies
can be found at http://www.neustar.us/policies. |
| (vii) |
Indemnity. The DOC shall be added to the
parties you have agreed to indemnify in Section 13 hereinabove. |
| (viii) |
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: |
|
| (A) |
Your full name, postal address, e-mail
address and telephone number and fax number (if
available) (or, if different, that of the domain
name holder); |
| (B) |
The domain name being registered; |
| (C) |
The name, postal address, e-mail
address, and telephone number and fax number
(if available) telephone numbers of the administrative
contact, the technical contact and the billing
contact for the domain name; |
| (D) |
The IP addresses and names of the
primary nameserver and any secondary nameserver(s)
for the domain name; |
|
| (ix) |
In addition to the foregoing, you will be
required to provide additional Nexus Information. The
Nexus Information requirements are set out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
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 Reseller. |
| (x) |
Disclosure and Use of the Registration Information.
You agree and acknowledge that we will make domain name
registration information you provide available to the
DOC, to the Registry Operator, 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 the DOC 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 Reseller.
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. |
33. WHOIS PRIVACY SERVICE. The following terms and conditions
will apply if you subscribe to the Whois Privacy Service:
| (a) |
Subscribers to the Whois Privacy Service have elected
to include the following information in the publicly available
Whois Registry: |
|
| (i) |
Contactprivacy.com shall appear as the Registrant
and Contacts name(s); |
| (ii) |
Tucows’ postal address and a Tucows
assigned email address and telephone number shall appear
on behalf of the Registrant and the Contact(s); |
| (iii) |
The primary and secondary nameservers shall
be those designated by the Registrant; |
| (iv) |
The original date of registration and the
expiration of each domain name; |
| (v) |
Tucows will be identified as the registrar
of record. |
|
| (b) |
You understand and agree that the Registrant and
Contact Information that you have provided will be kept on file.
You further agree and warrant that you will ensure that the Whois
Information is true, accurate and up to date. |
| (c) |
You will will retain complete control over the domain
name and its registration records and may suspend and reinstate
the Whois Privacy Service at your discretion. |
| |
