.biz Domain Registration Agreement
SCHEDULE
B
Form of Registration Agreement
•
AGREEMENT. In this Registration Agreement ("Agreement")
"you" and "your" refer to the registrant of each domain name
registration, "we", “us" and "our" refer to TUCOWS Inc. and
“Services” refers to the domain name registration provided
by us as offered through FORTUNE3 (“RSP”). This Agreement
explains our obligations to you, and explains your obligations
to us for various Services.
•
SELECTION OF A DOMAIN NAME. You represent that:
(i)
the data provided in the domain name registration application
is true, correct, up to date and complete,
(ii)
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;
(iii)
that the domain name is not being registered for nor shall
it at any time whatsoever be used for any unlawful purpose
whatsoever
(iv)
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;
(v)
you have the authority to enter into this Registration Agreement;
and
(vi)
the registered domain name is reasonably related to your
business or intended commercial purpose at the time of registration.
• FEES.
As consideration for the Services you have selected, you agree
to pay the RSP the applicable service(s) fees. All fees payable
hereunder are non-refundable. As further consideration for
the Services, you agree to: (1) provide certain current, complete
and accurate information about you as required by the registration
process and (2) maintain and update this information as needed
to keep it current, complete and accurate. All such information
shall be referred to as account information ("Account Information").
By submitting this Agreement, you represent that the statements
in your Application are true, complete and accurate.
• TERM.
This Agreement shall remain in full force during the
length of the term of your domain name registration(s) as
selected, recorded, and paid for upon registration of the
domain name. Should you choose to renew or otherwise lengthen
the term of your domain name registration, then the term of
this Registration Agreement shall be extended accordingly.
Should the domain name be transferred to another Registrar,
the terms and conditions of this contract shall cease.
•
MODIFICATIONS TO AGREEMENT. You agree that we may: (1)
revise the terms and conditions of this Agreement; and (2)
change the services provided under this Agreement. You agree
to be bound by any such revision or change will which shall
be effective immediately upon posting on our web site or upon
notification to you by e-mail or your country’s postal service
pursuant to the Notices section of this Agreement. You agree
to review this Agreement as posted on our web site periodically
to maintain an awareness of any and all such revisions. If
you do not agree with any revision to the Agreement, you may
terminate this Agreement at any time by providing us with
notice by e-mail or postal service pursuant to the Notices
section of this Agreement. Notice of your termination shall
be effective after processing by us. You agree that, by continuing
the use of Services following notice of any revision to this
Agreement or change in service(s), you shall be bound by any
such revisions and changes. You further agree to be bound
by the ICANN Uniform Dispute Resolution Policy (“Dispute Policy”)
as presently written and posted on http://www.opensrs.org/legal/udrp.shtml
and as shall be amended from time to time. You acknowledge
that if you do not agree to any such modifications, you may
request that your domain name be deleted from the domain name
database.
•
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.
•
DOMAIN NAME DISPUTE POLICY. If you reserved or registered
a domain name through us, or transferred a domain name to
us from another registrar, you agree to be bound by the Dispute
Policy that is incorporated herein and made a part of this
Agreement by reference. The current version of the Dispute
Policy may be found at http://www.opensrs.org/legal/udrp.shtml.
Please take the time to familiarize yourself with this policy.
•
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:
(i)
The Uniform Domain Name Dispute Resolution Policy (“Dispute
Policy), available at http://www.icann.org/udrp/udrp.htm;
(ii)
The Start-Up Dispute Resolution Policy (“SUDRP”), available
at http://www.neulevel.com/countdown/stop.html; and
(iii)
The Restrictions Dispute Resolution Criteria and Rules (“RDRP”),
available at http://www.neulevel.com/;
(collectively,
“Dispute Policies”).
The
SUDRP sets forth the terms and conditions in connection
with a dispute between a registrant of a .biz domain name
(“Registrant”) with any third party (other than Neulevel,
Inc. (“Registry Operator”) or Tucows over the registration
or use of a .biz domain name registered by you that is subject
to the Start-up Intellectual Property Notification Service
(“SIPNS”). SIPNS is a service introduced by Registry Operator
to notify a trademark or service mark holder (“Claimant”)
that a second-level domain name has been registered in which
that Claimant claims intellectual property rights. In accordance
with the SUDRP and its associated Rules, those Claimants
will have the right to challenge registrations through independent
ICANN-accredited dispute resolution providers.
The
Dispute Policy sets forth the terms and conditions in connection
with a dispute between a Registrant and any party other
than the Registry Operator or Registrar over the registration
and use of an Internet domain name registered by Registrant.
he
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.
• POLICY.
You agree that your registration of the domain name shall
be subject to suspension, cancellation, or transfer pursuant
to any Tucows, Registry Operator, 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.
• AGENCY.
Should you intend to license use of a domain name to a third
party you shall nonetheless be the domain name holder of record
and are therefore responsible for providing your own full
contact information and for providing and updating accurate
technical and administrative contact information adequate
to facilitate timely resolution of any problems that arise
in connection with the domain name. You shall accept liability
for harm caused by wrongful use of the domain name. You represent
that you have provided notice of the terms and conditions
in this Agreement to a third party licensee and that the third
party agrees to the terms hereof.
•
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.
• 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 miss-delivery; (3) loss or liability
resulting from acts of God; (4) loss or liability resulting
from the unauthorized use or misuse of your account identifier
or password; (5) loss or liability resulting from errors,
omissions, or misstatements in any and all information or
services(s) provided under this Agreement; (6) loss or liability
resulting from the interruption of your Service. You agree
that we will not be liable for any loss of registration and
use of your domain name, or for interruption of business,
or any indirect, special, incidental, or consequential damages
of any kind (including lost profits) regardless of the form
of action whether in contract, tort (including negligence),
or otherwise, even if we have been advised of the possibility
of such damages. In no event shall our maximum liability exceed
five hundred ($500.00) dollars.
•
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. 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.
•
TRANSFER OF OWNERSHIP. The person named as Registrant
at the time the user name and password are secured shall be
the owner of the domain name. You agree that prior to transferring
ownership of your domain name to another person (the Transferee")
you shall require the Transferee to agree in writing to be
bound by all the terms and conditions of this Agreement.
Your domain name will not be transferred until we receive
such written assurances or other reasonable assurance that
the Transferee has been bound by the contractual terms of
this Agreement (such reasonable assurance as determined by
us in our sole discretion) 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. You acknowledge that you will not
be entitled to change registrars during the first sixty (60)
days following the registration of your domain name.
•
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.
• NO
GUARANTY. You acknowledge that registration or reservation
of your chosen domain name does not confer immunity from objection
to either the registration, reservation, or use of the domain
name.
• 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.
• INFORMATION.
As part of the registration process, you are required to provide
us certain information and to update us promptly as such information
changes such that our records are current, complete and accurate.
You are obliged to provide us the following information:
(i)
Your name and postal address (or, if different, that of
the domain name holder);
(ii)
The domain name being registered;
(iii)
The name, postal address, e-mail address, and voice and
fax (if available) telephone numbers of the administrative
contact for the domain name;
(iv)
The name, postal address, e-mail address, and voice and
fax (if available) telephone numbers of the billing contact
for the domain name.
Any
other information, which we request from you at registration,
is voluntary. Any voluntary information we request is collected
for the purpose of improving the products and services offered
to you through your RSP.
•
DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree
and acknowledge that we will make domain name registration
information you provide available to ICANN, to the registry
administrators, and to other third parties as applicable.
You further agree and acknowledge that we may make publicly
available, or directly available to third party vendors, some,
or all, of the domain name registration information you provide,
for purposes of inspection (such as through our WHOIS service)
or other purposes as required or permitted by ICANN and applicable
laws.
You
hereby consent to any and all such disclosures and use of
information provided by you in connection with the registration
of a domain name (including any updates to such information),
whether during or after the term of your registration of
the domain name. You hereby irrevocably waive any and all
claims and causes of action you may have arising from such
disclosure or use of your domain name registration information
by us.
You
may access your domain name registration information in
our possession to review, modify or update such information,
by accessing our domain manager service, or similar service,
made available by us through your RSP.
We
will not process data about any identified or identifiable
natural person that we obtain from you in a way incompatible
with the purposes and other limitations which we describe
in this Agreement.
We
will take reasonable precautions to protect the information
we obtain from you from our loss, misuse, unauthorized accessor
disclosure, alteration or destruction of that information.
•
REVOCATION. Your wilful provision of inaccurate or unreliable
information, your wilful failure promptly to update information
provided to us, or your failure to respond for over fifteen
(15) calendar days to inquiries by us concerning the accuracy
of contact details associated with the your registration shall
constitute a material breach of this Agreement and be a basis
for cancellation of the domain name registration.
• RIGHT
OF REFUSAL. We, and/or Registry Operator, 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
following registration if we believe the registration has
been made possible by a mistake, made either by us or by
a third party. We also reserve the right to suspend a domain
name during resolution of a dispute.
•
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.
•
NON-AGENCY. Nothing contained in this Agreement or the
Dispute Policies shall be construed as creating any agency,
partnership, or other form of joint enterprise between the
parties.
•
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.
• NOTICES.
Any notice, direction or other communication given under this
Agreement shall be in writing and given by sending it via
e-mail or via postal service. In the case of e-mail, valid
notice shall only have been deemed to have been given when
an electronic confirmation of delivery has been obtained by
the sender. In the case of e-mail, notifications must be sent
to us at lhutz@tucows.com,
or in the case of notification to you, to the e-mail address
provided by you in your WHOIS record. Any e-mail communication
shall be deemed to have been validly and effectively given
on the date of such communication, if such date is a business
day and such delivery was made prior to 4:00 p.m. EST, otherwise
it will be deemed to have been delivered on the next business
day. In the case of regular mail notice, valid notice shall
be deemed to have been validly and effectively given 5 business
days after the date of mailing and, in the case of notification
to us or to RSP shall be sent to:
Our
address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
Attention: Legal Affairs
and in the case of notification to you shall be to the address
specified in the “Administrative Contact” in your WHOIS
record.
• ENTIRETY.
You agree that this Agreement, the rules and policies published
by us and the Dispute Policy are the complete and exclusive
agreement between you and us regarding our Services. This
Agreement and the Dispute Policy supersede all prior agreements
and understandings, whether established by custom, practice,
policy or precedent.
•
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.
• INFANCY.
You attest that you are of legal age to enter into this Agreement.
• Acceptance
of Agreement. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE
INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND
ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE
OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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