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Fortune3
Terms of Use - Online Shopping Cart & Ecommerce Provider |
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.cc Domain Registration Agreement
APPENDIX A
Form of Registration Agreement
1. AGREEMENT. In this Registration Agreement
("Agreement") "you" and "your"
refer to the registrant of each domain name registration,
"we", “us" and "our" refer
to TUCOWS Inc. and “Services” refers to
the 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 the Services.
2. SELECTION OF A DOMAIN NAME. You represent
that, to the best of the your knowledge and belief, neither
this registration of a domain name nor the manner in which
it is directly or indirectly to be used infringes upon the
legal rights of a third party and, further, that the domain
name is not being registered for nor shall it at any time
whatsoever be used for any unlawful purpose whatsoever.
3. FEES. As consideration for the Services ,
you 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 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.
4. TERM. This Agreement shall remain in full force
during the length of the term of your domain name registration(s)
as selected, recorded, and paid for upon registration of
the domain name. Should you choose to renew or otherwise
lengthen the term of your domain name registration, then
the term of this Registration Agreement shall be extended
accordingly. Should the domain name be transferred to another
Registrar, the terms and conditions of this contract shall
cease.
5. MODIFICATIONS TO AGREEMENT. You agree that
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/dispute.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.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to
change any of your account information with us, you must
use your Account Identifier and Password that you selected
when you opened your account with us. You agree to
safeguard your Account Identifier and Password from any
unauthorized use. In no event shall we be liable for
the unauthorized use or misuse of your Account Identifier
or Password.
7. DOMAIN NAME DISPUTE POLICY. If you reserved or
registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound
by the Dispute Policy that is incorporated herein and made
a part of this Agreement by reference. The current
version of the Dispute Policy may be found at http://www.nic.cc/policies/dispute.html. Please
take the time to familiarize yourself with this policy.
8. DOMAIN NAME DISPUTES. You agree that, if the registration
or reservation of your domain name is challenged by a third
party, you will be subject to the provisions specified in
the Dispute Policy. You agree that in the event a domain
name dispute arises with any third party, you will indemnify
and hold us harmless pursuant to the terms and conditions
contained in the Dispute Policy. 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.
9. POLICY. 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.
10. AGENCY. Should you intend to license use
of a domain name to a third party you shall nonetheless
be the domain name holder of record and are therefore responsible
for providing your own full contact information and for
providing and updating accurate technical and administrative
contact information adequate to facilitate timely resolution
of any problems that arise in connection with the domain
name. You shall accept liability for harm caused by
wrongful use of the domain name. You represent that
you have provided notice of the terms and conditions in
this Agreement to any third party licensee and that the
third party agrees to the terms hereof.
11. ANNOUNCEMENTS. We reserve the right to distribute
information to you that is pertinent to the quality or operation
of our services and those of our service partners. These
announcements will be predominately informative in nature
and may include notices describing changes, upgrades, new
products or other information to add security or to enhance
your identity on the Internet.
12. LIMITATION OF LIABILITY. You agree that our
entire liability, and your exclusive remedy, with respect
to any Services(s) provided under this Agreement and any
breach of this Agreement is solely limited to the amount
you paid for such Service(s). Neither we nor our contractors
or third party beneficiaries, 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.
13. INDEMNITY. 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.
14. SCOPE OF REGISTRATION. 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.
15. 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.
16. BREACH. 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.
17. 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.
18. 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.
19. 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.
20. DISCLOSURE AND USE OF REGISTRATION INFORMATION. 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.
.
21. 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.
22. 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.
23. 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.
24. NON-AGENCY. Nothing contained in this Agreement
or the Dispute Policy shall be construed as creating any
agency, partnership, or other form of joint enterprise between
the parties.
25. 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.
26. 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. 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 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.
27. 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.
28. 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.
29. INFANCY. You attest that you are of legal
age to enter into this Agreement.
30. FORCE MAJEURE. 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.
31. 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.
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