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Fortune3
Terms of Use - Online Shopping Cart & Ecommerce Provider |
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.info Domain Registration Agreement
SCHEDULE 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 various Services. If you are registering your name
during the finite period of time when owners of trademarks and
service marks issued prior to October 2, 2000 and having national
effect will have the exclusive opportunity to register identical
domain names (“Sunrise Period”), you agree to comply
with the procedures, terms and obligations. You acknowledge
and agree that registrations for domain names during the Sunrise
Period will only be accepted for a minimum registration term
of five (5) years.
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
have selected, you agree to pay the RSP the applicable service
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.
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 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. If
you have registered your name during the Sunrise Period, you
agree to be bound by the Sunrise Dispute Resolution Policy
(“Sunrise Dispute Policy”) found at (http://www.afilias.com/faq/sunrise-challenge.html). 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.
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
Policies that are incorporated herein and made a part of this
Agreement by reference. The current version of the general
registration Dispute Policy may be found at http://www.opensrs.org/legal/udrp.shtml. 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 Sunrise Dispute Policy or the Dispute Policy, as applicable. 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 Sunrise Dispute
Policy or Dispute Policy, as applicable.
9. POLICY. You agree that your registration of
the domain name shall be subject to suspension, cancellation,
or transfer pursuant to a Tucows, Registry Operator, ICANN
or government-adopted policy, or pursuant to any registrar
or registry procedure not inconsistent with a Tucows, Registry
Operator, ICANN 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.
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 a
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 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.
13. 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.
14. 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.
15. 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.
16. 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.
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:
(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.
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, 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.
20. 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.
21. 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. We also reserve
the right to suspend a domain name during resolution of any
dispute.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. INFANCY. You attest that you are of legal age
to enter into this Agreement.
29. 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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