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| 1. AGREEMENT |
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In this Registration Agreement ("Agreement") "you" and "your" refer to the registrant of each domain name registration, "we", "us" and "our" refer to TUCOWS Inc. and Services refers to the domain name registration provided by us as offered through Fusion Network Services Corp. This Agreement explains our obligations to you, and explains your obligations to us for the Services. |
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| 2. SELECTION OF A DOMAIN NAME |
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| 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. |
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| 3. FEES |
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| As consideration for the Services, you agree to pay the
Reseller 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 Account Information and all other statements put forth in your application are true, complete and accurate. Both Tucows and the Registry reserve 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 violation of this Section 3 will constitute a material breach of this agreement which will entitle either us or the Registry to terminate this agreement immediately without any refund and without notice to you. |
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| 4. TERM |
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| 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. |
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| 5. MODIFICATIONS TO AGREEMENT |
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| You agree that either we or the
Registry 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 Registry dispute policy (Dispute Policy as
presently written and posted on http://www.nic.cc/policies/di spute.html 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. |
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| 6. MODIFICATIONS TO YOUR ACCOUNT |
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| 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. |
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| 7. DOMAIN NAME DISPUTE POLICY |
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| 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.enic.cc/en-def-85c427fc0417/en/policies/dispute.shtml. Please take the time to familiarize yourself with this policy. |
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| 8. DOMAIN NAME DISPUTES |
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| 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. You acknowledge that neither we nor the
Registry screen or otherwise review your domain name application to verify
that you have the legal right to use a particular word or term. You are
strongly encouraged to perform a trademark search with respect to the words
and/or phrases comprising your domain name prior to applying for
registration of the domain. You agree that you will be solely liable in the
event that your use of a domain constitutes an infringement or other
violation of a third party's rights. |
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| 9. POLICY |
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| You agree that your registration of the domain name
shall be subject to suspension, cancellation, or transfer pursuant to a
Tucows, Registry, regulatory or government-adopted policy, or pursuant to
any registrar or registry procedure not inconsistent with a Tucows,
Registry, regulatory or government-adopted policy, (1) to correct mistakes
by us or the Registry in registering the name, or (2) for the resolution of
disputes concerning the domain name. 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.cc. 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. |
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| 10. AGENCY |
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| 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 any third
party licensee and that the third party agrees to the terms hereof. |
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| 11. ANNOUNCEMENTS |
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| 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. |
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| 12. LIMITATION OF LIABILITY |
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| 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, including but not limited to Verisign, Inc. and
eNic Corporation, 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. |
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| 13. INDEMNITY |
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| You agree to release, indemnify, and hold us, our
contractors, agents, employees, officers, directors, affiliates and third
party beneficiaries, including but not limited to Verisign, Inc. and eNic
Corporation, 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. This
indemnification obligation will survive the termination or expiration of
this Agreement. |
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| 14. SCOPE OF REGISTRATION |
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| You will be entitled to exclusive use
of the domain name during the term of the registration. Notwithstanding the
foregoing, you shall not use, display, exploit or register a domain name
which action may constitute illegal activity or be in contravention or
violation of a Tucows or Registry policy. You acknowledge that a breach of
this clause will constitute a material breach of this agreement which will
entitle either Tucows or the Registry to terminate this agreement
immediately upon such breach without any refund. In addition, both we
and/or the Registry may, in our sole discretion, refuse registration of your
desired domain name within thirty (30) calendar days from receipt of
payment. Neither Tucows nor the Registry shall be liable for any loss,
damage or other injury whatsoever resulting from any refusal to register
your desired domain name. |
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| 15. TRANSFER OF OWNERSHIP |
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| 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 user name 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. Your domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion) along with the applicable transfer fee. If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void. |
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| 16. BREACH |
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| You agree that failure to abide by any provision of
this Agreement, any operating rule or policy or the Dispute Policy, may be
considered by us to be a material breach and that we may provide a written
notice, describing the breach, to you. If within fifteen (15) 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. |
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| 17. NO GUARANTY |
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| 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. |
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| 18. DISCLAIMER OF WARRANTIES |
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| 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. |
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| 19. INFORMATION |
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| 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: |
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Your name and postal address (or, if different, that of the domain name holder); |
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The domain name being registered; |
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The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name; |
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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 Reseller. |
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| 20. DISCLOSURE AND USE OF REGISTRATION INFORMATION |
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| You agree and
acknowledge that either we and/or the Registry may make directly available
to third parties or publicly available, some or all, of the Account
Information for inspection through our WHOIS service and for any other
purposes as may be required or permitted by applicable laws or policies.
You hereby irrevocably waive and release Tucows and/or the Registry from any
and all claims and causes of action you may have arising from any
disclosure, use, or unauthorized access of your Account Information. |
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| 21. REVOCATION |
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| 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 the ICANN Agreement or an ICANN/Registry Operator policy. |
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| 22. RIGHT OF REFUSAL |
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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. |
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| 23. SEVERABILITY |
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| 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. |
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| 24. NON-AGENCY |
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| 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. |
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| 25. NON-WAIVER |
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| 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. |
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| 26. NOTICES |
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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. E.S.T., 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 and, in the case of notification to us or to Reseller shall be sent to:
Our address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario M6K 3M1
CANADA
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. |
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| 27. ENTIRETY |
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| 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. |
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| 28. GOVERNING LAW |
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| 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. |
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| 29. INFANCY |
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| You attest that you are of legal age to enter into
this Agreement. |
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| 30. FORCE MAJEURE |
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| You acknowledge and agree that neither we nor
the Registry shall be responsible for any failure or delay 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. |
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| 31. FOREIGN LANGUAGE; Controlling Language |
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| 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. |
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| 32. ACCEPTANCE OF AGREEMENT |
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| 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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