 |
 |
 |
 |
| 1. AGREEMENT |
 |
|
 |
|
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 Inc., "Registry" refers to DENIC eG, and "Services" refers to the domain name registration provided by us as offered through Fusion Network Services Corp., the registration service provider ("Reseller"). This Agreement explains our obligations to you, and explains your obligations to us for the Services. |
 |
|
|
|
|
| 2. SELECTION OF A DOMAIN NAME |
 |
|
 |
| You represent that: |
| (i) |
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; |
| (ii) |
either you, or the person designated as the administrative contact for the domain name, shall be resident or shall have a branch in Germany; |
| (iii) |
to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever. |
| |
|
|
| 3. FEES |
 |
|
 |
| As consideration for the Services, you
agree to pay the Reseller the applicable service(s) fees. All fees payable
hereunder are non-refundable even if you elect to transfer your domain
name to another registrar. 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 breach of this Section 3 will constitute a material breach of our agreement which will entitle either us or the Registry to terminate this agreement immediately upon such breach without any refund and without notice to you. |
|
|
|
|
 |
| 4.
TERM |
 |
|
 |
| This Agreement shall remain in full force
during the length of the term of your domain name registration(s) as
selected, recorded, and paid for upon registration of the domain name.
Should you choose to renew or otherwise lengthen the term of your domain
name registration, payment shall be rendered by you in a timely fashion
and the term of this Registration Agreement shall be extended accordingly.
This clause shall supersede the procedure outlined in the Registry Terms
and Conditions such that the domain name will be registered for the
finite term you selected at the time of registration or renewal. Should
the domain name be transferred to another Registrar, the terms and conditions
of this contract shall cease. |
 |
|
|
| 5. MODIFICATIONS TO AGREEMENT |
 |
|
 |
| You agree that 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 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 website periodically to maintain an awareness of any and all
such revisions. You agree that, by continuing the use of Services following
any revision to this Agreement or change in service(s), you shall be
bound by any such revisions and changes. You acknowledge that if you
do not agree to any such modifications, you may request that your domain
name be deleted from the domain name database. |
 |
|
|
|
| 6. MODIFICATIONS TO YOUR ACCOUNT |
 |
|
 |
| In order to change
any of your account information with us, you must use your Account Identifier
and Password that you selected when you opened your account with us.
You agree to safeguard your Account Identifier and Password from any
unauthorized use. In no event shall we be liable for the unauthorized
use or misuse of your Account Identifier or Password. |
 |
|
|
|
| 7. DOMAIN NAME 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. |
 |
|
|
|
| 8. POLICY |
 |
|
 |
| You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to a Tucows, Registry or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a Tucows, Registry 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. |
 |
|
|
|
| 9. AGENCY |
 |
|
 |
| Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name. You represent that you have provided notice of the terms and conditions in this Agreement to any third party licensee and that the third party agrees to the terms hereof. |
|
|
|
 |
| 10. 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. |
 |
|
|
|
| 11. LIMITATION OF LIABILITY |
 |
|
 |
| You agree that our
entire liability, and your exclusive remedy, with respect to any Services(s)
provided under this Agreement and any breach of this Agreement is solely
limited to the amount you paid for such Service(s). Neither we nor our
contractors or third party beneficiaries shall be liable for any direct,
indirect, incidental, special or consequential damages resulting from
the use or inability to use any of the Services or for the cost of procurement
of substitute services. Because some jurisdictions do not allow the
exclusion or limitation of liability for consequential or incidental
damages, in such jurisdictions, our liability is limited to the extent
permitted by law. We disclaim any and all loss or liability resulting
from, but not limited to: (1) loss or liability resulting from access
delays or access interruptions; (2) loss or liability resulting from
data non-delivery or data mis-delivery; (3) loss or liability resulting
from acts of God; (4) loss or liability resulting from the unauthorized
use or misuse of your Account Identifier or Password; (5) loss or liability
resulting from errors, omissions, or misstatements in any and all information
or services(s) provided under this Agreement; (6) loss or liability
resulting from the interruption of your Service. You agree that we will
not be liable for any loss of registration and use of your domain name,
or for interruption of business, or any indirect, special, incidental,
or consequential damages of any kind (including lost profits) regardless
of the form of action whether in contract, tort (including negligence),
or otherwise, even if we have been advised of the possibility of such
damages. |
 |
|
|
|
| 12. INDEMNITY |
 |
|
 |
| You agree to release, indemnify,
and hold us, our contractors, agents, employees, officers, directors,
affiliates and third party beneficiaries 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.
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. |
 |
|
|
|
| 13. 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 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 determined by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void. |
 |
|
|
|
| 14. BREACH |
 |
|
 |
| You agree that failure to abide by
any provision of this Agreement, any operating rule or 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. |
 |
|
|
|
| 15. 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. |
 |
|
|
|
| 16. 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. |
 |
|
|
|
| 17. INFORMATION |
 |
|
 |
| As part of the registration process,
you are required to provide us certain information and to update us
promptly as such information changes such that our records are current,
complete and accurate. You are obliged to provide us the following information: |
| (i) |
your name and postal address (or, if different, that of the domain name holder); |
| (ii) |
the domain name being registered; |
| (iii) |
the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name; and |
| (iv) |
the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name. |
Any other information, which we request from you at registration, is voluntary. Any voluntary information we request is collected for improving the products and services offered to you through your Reseller. |
 |
|
|
|
| 18. DISCLOSURE AND USE OF REGISTRATION INFORMATION |
 |
|
 |
| You agree and acknowledge that we will make domain name registration information you provide available to the Registry administrators, and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or other purposes as required or permitted by 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 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. |
 |
|
|
|
| 19. REVOCATION |
 |
|
 |
| 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 a Registry policy. |
|
|
|
 |
| 20. RIGHT OF REFUSAL |
 |
|
 |
| We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services. In the event we do not register or reserve your domain name or register you for other Services, or we delete your domain name or other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, reserve, or delete your domain name or register you for other Services.
We reserve the right to delete or transfer your domain name within a thirty (30) day period following registration if we believe the registration has been made possible by a mistake, made either by us or by a third party. |
 |
|
|
|
| 21. SEVERABILITY |
 |
|
 |
| You agree that the terms of this
Agreement are severable. If any term or provision is declared invalid
or unenforceable, that term or provision will be construed consistent
with applicable law as nearly as possible to reflect the original intentions
of the parties, and the remaining terms and provisions will remain in
full force and effect. |
 |
|
|
|
| 22. NON-AGENCY |
 |
|
 |
| Nothing contained in this Agreement
shall be construed as creating any agency, partnership, or other form
of joint enterprise between the parties. |
 |
|
|
|
| 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 postal service. 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. 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
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. |
 |
|
|
|
| 25. ENTIRETY |
 |
|
 |
| You agree that this Agreement, the
rules and policies published by us are the complete and exclusive agreement
between you and us regarding our Services. This Agreement supersedes
all prior agreements and understandings, whether established by custom,
practice, policy or precedent. |
 |
|
|
|
| 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 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. FOREIGN LANGUAGE |
 |
|
 |
| 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. |
 |
|
|
|
| 32. ACCEPTANCE OF AGREEMENT |
 |
|
 |
| YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT. |
|
|
|
 |
|