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Acceptable
Use
Policy
Terms of
Service
Registration
Agreement
Uniform
Domain
Name Dispute
Resolution Policy
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Registration Agreement
1. 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.com
Co., and "Services" refers to the domain name registration services
provided by us as offered through King's Library Hosting, the
Registration Service Provider ("Reseller"). Any reference to a
"registry," "Registry" or "Registry Operator" shall refer to the
registry administrator of the applicable TLD or ccTLD. This
Agreement explains our obligations to you, and explains your
obligations to us for the Services. By agreeing to the terms and
conditions set forth in this Agreement, you are also agreeing to be
bound by the rules and regulations set forth by a registry for that
particular registry only.
2. SELECTION OF A DOMAIN NAME. You acknowledge and agree that
we cannot guarantee that you will obtain a desired domain name
registration, even if an inquiry indicates that a domain name is
available at the time of your application for same. You represent
that, to the best of the your knowledge and belief, neither the
registration of the 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.
3. FEES. As consideration for the Services, you agree to pay
Reseller the applicable service(s) fees prior to the effectiveness
of a desired domain name registration or any renewal thereof. All
fees payable hereunder are non-refundable even if your domain name
registration is suspended, cancelled or transferred prior to the end
of your current registration term. 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"). You
represent that the Account Information and all other statements put
forth in your application are true, complete and accurate. Both
Tucows and each registry reserves 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 a registry to terminate this Agreement immediately upon
such breach without any refund and without notice to you.
4. TERM. This Agreement will remain in effect during the term
of your domain name registration as selected, recorded and paid for
at the time of registration or any renewal thereof. Should the
domain name be transferred to another registrar, the terms and
conditions of this Agreement shall cease.
5. MODIFICATIONS TO AGREEMENT. You acknowledge that the
practice of registering and administering domain names is constantly
evolving; therefore, you agree that Tucows may modify this
Agreement, or any other related and/or applicable agreement, as is
necessary to comply with its agreements with ICANN, a registry or
any other entity or individual, as well as to adjust to changing
circumstances. Your continued use of the domain name registered to
you will constitute your acceptance of this Agreement with any
revisions. If you do not agree to any change, you may request that
your domain name registration be cancelled or transferred to a
different accredited registrar. You agree that such cancellation or
request for transfer will be your exclusive remedy if you do not
wish to abide by any change to this Agreement, or any other related
and/or applicable agreement.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of
your account information with us, you must use the 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. 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.
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 adopted by the applicable registry. 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 applicable policy. If Tucows is notified that a
complaint has been filed with a judicial or administrative body
regarding your domain name, Tucows may, at its sole discretion,
suspend your ability to use your domain name or to make
modifications to your registration records until (i) Tucows is
directed to do so by the judicial or administrative body, or (ii)
Tucows receives notification by you and the other party contesting
your domain that the dispute has been settled. Furthermore, you
agree that if you are subject to litigation regarding your
registration or use of your domain name, Tucows may deposit control
of your registration record into the registry of the judicial body
by supplying a party with a registrar certificate from us.
9. POLICY. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or transfer
pursuant to a Tucows, registry, ICANN or government-adopted policy,
or pursuant to any registrar or registry procedure not inconsistent
with a Tucows, registry, ICANN or government-adopted policy, (1) to
correct mistakes by us or a 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
will secure the agreement of any third party to the terms and
conditions in this Agreement
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 the initial registration
of your domain name. Tucows and its directors, employees,
affiliates, subsidiaries, agents and third party providers, ICANN
and the applicable registries shall not 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 states do not
allow the exclusion or limitation of liability for consequential or
incidental damages, in such states, 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
Tucows, its contractors, agents, employees, officers, directors and
affiliates, ICANN, the applicable registries and their respective
directors, officers, employees, agents and affiliates harmless from
all liabilities, claims and expenses, including attorney's fees, of
third parties arising out of or relating to the registration or use
of the domain name registered in your name , whether used by
yourself, licensed to a third party or pursuant to the Whois Privacy
Service, including without limitation infringement by you or a third
party with access to your Account Identifier and Password. You also
agree to release, indemnify and hold us harmless pursuant to the
terms and conditions contained in the applicable 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 may be considered by us to
be a breach of your Agreement and may result in the suspension or
cancellation of your domain name. This indemnification obligation
will survive the termination or expiration of this Agreement.
14. 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 Account
Identifier 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. 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.
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. RENEWALS AND FORFEITURE. Domain names are registered for
a finite period of time. You will receive reminders immediately
prior to the expiration of your registration inviting you to renew
your domain name. In the event that you fail to renew your domain
name in a timely fashion, your registration will expire and we may,
at our discretion, elect to assume the registration and may hold it
for our own account, delete it or we may sell it to a third party.
If you fail to renew your registration, your domain name may cease
to resolve and visitors to your site may be redirected to a default
page advising them that the site is no longer in service. If we have
elected to renew the registration, you will be entitled to a grace
period during which you may purchase the domain name from us.
Additional costs may apply.
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:
(a) your name and postal address (or, if different, that of the
domain name holder);
(b) the domain name being registered;
(c) the name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the administrative contact for the
domain name;
(d) the name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the billing contact for the domain
name; and
(e) the name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the technical contact for the domain
name.
Any voluntary information we request is collected in order that we
can continue to improve the products and services offered to you
through your Reseller.
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, law enforcement agencies 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.
(a) You hereby consent to any and all such disclosures and use of,
and guidelines, limits and restrictions on disclosure or 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.
(b) 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.
(c) We will not process or maintain 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.
(d) We will take reasonable precautions to protect the information
we obtain from you from our loss, misuse, unauthorized disclosure,
alteration or destruction of that information.
20. OBLIGATION TO MAINTAIN WHOIS. 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 ICANN or an applicable
registry policy.
21. REVOCATION. We, in our sole discretion, reserve the right
to deny, cancel, suspend, transfer or modify any domain name
registration to correct a mistake, protect the integrity and
stability of the company and any applicable registry, to comply with
any applicable laws, government rules, or requirements, requests of
law enforcement, in compliance with any dispute resolution process,
or to avoid any liability, civil or criminal. You agree that we
shall not be liable to you for loss or damages that may result from
our refusal to register or cancel, suspend, transfer or modify your
domain name registration.
22. INCONSISTENCIES WITH REGISTRY POLICIES. In the event that
this Agreement may be inconsistent with any term, condition, policy
or procedure of an applicable registry, the term, condition, policy
or procedure of the applicable registry shall prevail.
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 regular mail. 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. E-mail
notification to Tucows must be sent to
lhutz@tucows.com. Any notice to you
will be sent 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 five (5)
business days after the date of mailing Postal notices to Tucows
shall be sent to:
TUCOWS.com Co..
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1 CANADA
Attention: Legal Affairs
and in the case of notification to you shall
be sent to the address specified in the "Administrative Contact" in
your Whois record.
25. ENTIRETY. You agree that this Agreement, the applicable
dispute policy and the rules and policies published by Tucows and
any applicable registry or other governing authorities are the
complete and exclusive agreement between you and us regarding our
Services.
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 applicable 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. PRIVACY. Information collected about you is subject to
the terms of Tucows' privacy policy, the terms of which are hereby
incorporated by reference. Tucows' privacy policy can be found at:
http://www.tucows.com/privacy.html
30. 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.
31. TLD'S. The following additional provisions apply to any
domain names that you register through Tucows with the various
registries:
(a) .com/net Domains: In the case of a ".com" or ".net"
registration, the following terms and conditions will apply:
(i) Submission to UDRP. Registrant agrees
to submit to proceedings under ICANN's Uniform Domain Dispute
Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry;
these policies are subject to modification;
(ii) For the adjudication of disputes concerning or arising from
use of the domain name, the Registrant shall submit, without
prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant's domicile, and
(2) where Tucows is located, presently Toronto, Ontario.
(b) .org Domains: In the case of a
".org" registration, the following terms and conditions will apply:
(i) Submission to UDRP. Registrant agrees
to submit to proceedings under ICANN's Uniform Domain Dispute
Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry.
These policies are subject to modification;
(ii) For the adjudication of disputes concerning or arising from
use of the domain name, the Registrant shall submit, without
prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant's domicile, and
(2) where Tucows is located, presently Toronto, Ontario.
(c) .info Domains: In the case of a
".info" registration, the following terms and conditions will apply:
(i) Registrant's Personal Data. You
consent to the use, copying, distribution, publication,
modification, and other processing of Registrant's personal data
by Afilias, the .INFO registry, and its designees and agents, in
a manner consistent with the purposes specified pursuant to its
contract.
(ii) Submission to UDRP. Registrant agrees to submit to
proceedings under ICANN's Uniform Domain Dispute Policy ("UDRP")
(http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry.
These policies are subject to modification;
(iii) For the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall submit,
without prejudice to other potentially applicable jurisdictions,
to the jurisdiction of the courts (1) of the Registrant's
domicile, and (2) where Tucows is located, presently Toronto,
Ontario;
(iv) Reservation of Rights. Tucows and Afilias expressly reserve
the right to deny, cancel, transfer, or modify any registration
that either registrar or Afilias deems necessary, at its
discretion, to protect the integrity and stability of the
registry, to comply with any applicable law, any government rule
or requirement, any request of law enforcement, any dispute
resolution process, or to avoid any liability, civil or
criminal, on the part of the registrar and/or Afilias, as well
as their affiliates, subsidiaries, executives, directors,
officers, managers, employees, consultants, and agents. The
registrar and Afilias also reserve the right to suspend a domain
name or its registration data during resolution of a dispute.
(d) .biz Domains. In the case of a
".biz" registration, the following terms and conditions will apply:
(i) .biz Restrictions. Registrations in
the .biz top-level domain must be used or intended to be used
primarily for bona fide business or commercial purposes. For the
purposes of the .biz registration restrictions, "bona fide
business or commercial use" shall mean the bona fide use or bona
fide intent to use the domain name or any content, software,
materials, graphics or other information thereon, to permit
Internet users to access one or more host computers through the
DNS:
(A) to exchange goods, services, or
property of any kind;
(B) in the ordinary course of business; or
(C) to facilitate (i) the exchange of goods, services,
information or property of any kind; or (ii) the ordinary
course of trade or business.
For more information on the .biz
restrictions, which are incorporated herein by reference, please
see:
http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
(ii) Selection of a Domain Name. You represent that:
(A) the data provided in the domain
name registration application is true, correct, up to date
and complete, and that you will continue to keep all of the
information provided correct, up-to-date and complete;
(B) 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;
(C) that the domain name is not being registered for nor
shall it at any time whatsoever be used for any unlawful
purpose whatsoever;
(D) 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;
(E) you have the authority to enter into this Registration
Agreement; and
(F) the registered domain name is reasonably related to your
business or intended commercial purpose at the time of
registration.
(iii) Provision of Registration Data. As
part of the registration process, you are required to provide us
with certain information and to keep the information true,
current, complete, and accurate at all times. The information
includes the following:
(A) your full name;
(B) your postal address;
(C) your e-mail address;
(D) your voice telephone number;
(E) your fax number (if applicable);
(F) the name of an authorized person for contact purposes in
the case of a registrant that is an organization,
association, or corporation;
(G) the IP addresses of the primary nameserver and any
secondary nameserver for the domain name;
(H) the corresponding names of the primary and secondary
nameservers;
(I) the full name, postal address, e-mail address, voice
telephone number, and, when available, fax number of the
administrative, technical, and billing contacts, and the
name holder for the domain name; and
(J) any remark concerning the domain name that should appear
in the Whois directory.
(K) You agree and understand that the foregoing registration
data will be publicly available and accessible on the Whois
directory as required by ICANN and/or registry policies, and
may be sold in bulk in accordance with the ICANN agreement.
(iv) 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:
(A) The Uniform Domain Name Dispute
Resolution Policy ("Dispute Policy), available at:
http://www.icann.org/dndr/udrp/policy.htm;
(B) The Restrictions Dispute Resolution Criteria and Rules
("RDRP"), available at:
http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;
(collectively, the "Dispute Policies").
(v) The Dispute Policy sets forth the terms and conditions in
connection with a dispute between a Registrant and any party
other than the Registry or Registrar over the registration and
use of an Internet domain name registered by Registrant.
(vi) The 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.
(vii) For the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall submit,
without prejudice to other potentially applicable jurisdictions,
to the jurisdiction of the courts (1) of the Registrant's
domicile, and (2) where Tucows is located, presently Toronto,
Ontario.
(e) .name Domains. In the case of a
".name" registration, the following terms and conditions will apply:
(i) .name Restrictions. Registrations in
the .name top-level domain must constitute an individual's
"Personal Name". For purposes of the .name restrictions (the
"Restrictions"), a "Personal Name" is a person's legal name, or
a name by which the person is commonly known. A "name by which a
person is commonly known" includes, without limitation, a
pseudonym used by an author or painter, or a stage name used by
a singer or actor.
(ii) .name Representations. As a .name domain name registrant,
you hereby represent that:
(A) the registered domain name or
second level domain ("SLD") e-mail address is your Personal
Name.
(B) the data provided in the domain name registration
application is true, correct, up to date and complete and
that you will continue to keep all of the information
provided correct, current and complete,
(C) 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;
(D) that the domain name is not being registered for nor
shall it at any time whatsoever be used for any unlawful
purpose whatsoever;
(E) the registration satisfies the Eligibility Requirements
found at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
and
(F) you have the authority to enter into this Registration
Agreement.
(iii) E-mail Forwarding Services. The
Services for which you have registered may, at your option,
include e-mail forwarding. To the extent you opt to use e-mail
forwarding, you are obliged to do so in accordance with all
applicable legislation and are responsible for all use of e-mail
forwarding, including the content of messages sent through
e-mail forwarding.
You undertake to familiarize yourself with the content of and to
comply with the generally accepted rules for Internet and e-mail
usage. This includes, but is not limited to the Acceptable Use
Policy, available at
http://www.nic.name/downloads/aup.pdf
as well as the following restrictions. Without prejudice to the
foregoing, you undertake not to use e-mail forwarding:
(A) to encourage, allow or participate
in any form of illegal or unsuitable activity, including but
not restricted to the exchange of threatening, obscene or
offensive messages, spreading computer viruses, breach of
copyright and/or proprietary rights or publishing defamatory
material;
(B) to gain illegal access to systems or networks by
unauthorized access to or use of the data in systems or
networks, including all attempts at guessing passwords,
checking or testing the vulnerability of a system or network
or breaching the security or access control without the
sufficient approval of the owner of the system or network;
(C) to interrupt data traffic to other users, servers or
networks, including, but not restricted to, mail bombing,
flooding, Denial of Service (DoS) attacks, wilful attempts
to overload another system or other forms of harassment; or
(D) for spamming, which includes, but is not restricted to,
the mass mailing of unsolicited e-mail, junk mail, the use
of distribution lists (mailing lists) which include persons
who have not specifically given their consent to be placed
on such distribution list. Users are not permitted to
provide false names or in any other way to pose as somebody
else when using e-mail forwarding.
(iv) Registry reserves the right to
implement additional anti-spam measures, to block spam or mail
from systems with a history of abuse from entering Registry's
e-mail forwarding. However, due to the nature of such systems,
which actively block messages, Registry shall make public any
decision to implement such systems a reasonable time in advance,
so as to allow you or us to give feedback on the decision.
(v) You understand and agree that Registry may delete material
that does not conform to clause (c) above or that in some other
way constitutes a misuse of e-mail forwarding. You further
understand and agree that Registry is at liberty to block your
access to e-mail forwarding if you use e-mail forwarding in a
way that contravenes this Agreement. You will be given prior
warning of discontinuation of the e-mail forwarding unless it
would damage the reputation of Registry or jeopardize the
security of Registry or others to do so. Registry reserves the
right to immediately discontinue e-mail forwarding without
notice if the technical stability of e-mail forwarding is
threatened in any way, or if you are in breach of this
Agreement. On discontinuing e-mail forwarding, Registry is not
obliged to store any contents or to forward unsent e-mail to you
or a third party.
(vi) You understand and agree that to the extent either we
and/or Registry is required by law to disclose certain
information or material in connection with your e-mail
forwarding, either we and/or Registry will do so in accordance
with such requirement and without notice to you.
(vii) 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. You hereby acknowledge that you have
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.
(A) the Eligibility Requirements (the
"Eligibility Requirements"), available at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
(B) the Eligibility Requirements Dispute Resolution Policy
(the "ERDRP"), available at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm;
and
(C) the Uniform Domain Name Dispute Resolution Policy (the "UDRP"),
available at:
http://www.icann.org/dndr/udrp/policy.htm.
(viii) The Eligibility Requirements
dictate that Personal Name domain names and Personal Name SLD
e-mail addresses will be granted on a first-come, first-served
basis. The following categories of Personal Name Registrations
may be registered: (i) the Personal Name of an individual; (ii)
the Personal Name of a fictional character, if you have
trademark or service make rights in that character's Personal
Name; (iii) in addition to a Personal Name registration, you may
add numeric characters to the beginning or the end of the
Personal Name so as to differentiate it from other Personal
Names.
(ix) The ERDRP applies to challenges to (i) registered domain
names and SLD e-mail address registrations within .name on the
grounds that a Registrant does not meet the Eligibility
Requirements, and (ii) to Defensive Registrations (as defined by
the Registry) within .name.
(x) The UDRP sets forth the terms and conditions in connection
with a dispute between a Registrant and party other than the
Registry or Tucows over the registration and use of an Internet
domain name registered by a Registrant.
(xi) For the adjudication of disputes concerning or arising from
use of the domain name, the Registrant shall submit, without
prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant's domicile, and
(2) where Tucows is located, presently Toronto, Ontario.
32. ccTLD'S
(a) .at Domains. In the case of a ".at" registration, the
following terms and conditions will apply:
(i) Registry Policy. 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://nic.at/en/agb/ag_agb2003.asp.
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.
(b) .be Domains. In the case of a ".be"
registration, the following terms and conditions will apply:
(i) Registry Policy. 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.dns.be/en/home.php?n=51.
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.
(ii) 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 .be 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.dns.be/en/home.php?n=53.
(a) .ca Domains. In the case of a ".ca"
registration, the following terms and conditions will apply:
(i) 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, which 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.cira.ca/en/cat_Dpr.html.
Please take the time to familiarize yourself with this policy.
(ii) Registry Policy. You agree that your registration of the
domain name shall be subject to suspension, cancellation, or
transfer pursuant to any Registry-adopted policy, or pursuant to
any registrar or registry procedure not inconsistent with a
Registry adopted policy, (1) to correct mistakes by Tucows or
the Registry in registering the name or (2) for the resolution
of disputes concerning the domain name.
(iii) Transfer of Ownership. Any transfer of ownership in and to
a domain name registration shall be affected in accordance with
registry policies and procedures.
(iv) Registry Agreement and Policy. You acknowledge and
understand that by accepting the terms and conditions of this
agreement you shall be bound by the Registry's Registrant
Agreement, the Registry's 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.cira.ca/en/doc_Registrar.html.
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 agreement or policy,
your sole remedy is to cancel your domain name registration by
following the appropriate Registry policy regarding such
cancellation.
(v) You acknowledge and agree that the Registry shall not be
liable to you for any loss, damage, or expense arising out of
the Registry's failure or refusal to register a domain name,
it's failure or refusal to renew a domain name registration,
it's registration of a domain name, it's failure or refusal to
renew a domain name registration, it's renewal of a domain name
registration, it's failure or refusal to transfer a domain name
registration, it's transfer of a domain name registration, it's
failure or refusal to maintain or modify a domain name
registration, it's maintenance of a domain name registration,
it's modification of a domain name registration, it's failure to
cancel a domain name registration or it's cancellation of a
domain name registration from the Registry;
(b) .cc Domains. In the case of a ".cc"
registration, the following terms and conditions will apply:
(i) 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.
(ii) Registry Policy. 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.
(c) .ch Domains. In the case of a ".ch"
registration, the following terms and conditions shall apply:
(i) Registry Policy. 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.switch.ch/id/terms.
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.
(ii) 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 .ch 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.switch.ch/id/disputes/rules.
Please take the time to familiarize yourself with this policy.
(d) .cn Domains. In the case of a ".cn"
registration, the following terms and conditions shall apply:
(i) "Registry" means the China Internet
Network Information Center, which is the authority responsible
for the administration of the national top-level domain of the
People's Republic of China and the Chinese domain name system;
(ii) "Registry Gateway" means the service provided by the
Registry Operator that facilitates the registration of .cn
domain names by registrars operating outside of the People's
Republic of China;
(iii) "Registry Operator" means Neustar, Inc., the company
authorized to facilitate the registration of .cn domain names by
registrars operating outside of the People's Republic of China.
(iv) Restrictions. You agree that you shall not register or use
a domain name that is deemed by CNNIC to:
(A) be against the basic principles
prescribed in the Constitution of the Peoples Republic of
China ("PRC");
(B) jeopardize national security, leak state secrets, intend
to overturn the government or disrupt the integrity of the
PRC;
(C) harm national honour and national interests of the PRC;
(D) instigate hostility or discrimination between different
nationalities or disrupt the national solidarity of the PRC;
(E) spread rumours, disturb public order or disrupt social
stability of the PRC;
(F) spread pornography, obscenity, gambling, violence,
homicide, terror or instigate crimes in the PRC;
(G) insult, libel against others and infringe other people's
legal rights and interests in the PRC; or
(H) take any other action prohibited in laws, rules and
administrative regulations of the PRC.
(v) Business or Organization
Representation. .cn domain name registrations are intended for
businesses and organizations and not for individual use. By
registering a .cn name, you accordingly represent that you have
registered the domain name on behalf or a business or
organization. It should be noted that, although .cn policy is
permissive in terms of registration, and enforcement is
generally in reaction to a complaint (as opposed to proactive
review), registrations that are not associated with an
organization or business may be subject to deletion. The
foregoing prevents an individual from registering a .cn domain
name for a business operating as a sole proprietorship.
(vi) Domain Name Disputes. You acknowledge having read and
understood and agree to be bound by the terms and conditions of
the CNNIC Domain Name Dispute Policy & Rules for CNNIC Dispute
Resolution Policy ("Dispute Policy"), as they may be amended
from time to time, which are hereby incorporated and made an
integral part of this Agreement. The Dispute Policy is currently
found at:
http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm.
(vii) You acknowledge that, pursuant to the Dispute Policy,
Registrars must comply with all reasonable requests from the
applicable domain name dispute resolution institutions including
the provision of all relevant evidence in any domain name
disputes in the specified time frames.
(viii) If we are notified that a complaint has been filed with a
judicial or administrative body regarding your use of our domain
name registration services, you agree not to make any changes to
your domain name record without our prior approval. We may not
allow you to make changes to such domain name record until (i)
we are directed to do so by the judicial or administrative body,
or (ii) we receive notification by you and the other party
contesting your registration and use of our domain name
registration services that the dispute has been settled.
Furthermore, you agree that if you are subject to litigation
regarding your registration and use of our domain name
registration services, we may deposit control of your domain
name record into the registry of the judicial body by supplying
a party with a registrar certificate from us.
(ix) Adherence to Policies. You agree to comply with all
applicable laws, regulations and policies of the Peoples
Republic of China's governmental agencies and the China Internet
Network Information Centre ("CNNIC"), including but not limited
to the following rules and regulations:
(A) Provisional Administrative Rules
for Registration of Domain Names in China (currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1520.htm);
(B) Detailed Implementation Rules for Registration of Domain
Names in China (currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm);
(C) Chinese Domain Names Dispute Resolution Policy
(currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm);
and
(D) CNNIC Implementing Rules of Domain Name Registration
(currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1503.htm).
You acknowledge that you have read and
understood and agree to be bound by the terms and conditions of
the policies of the CNNIC, as they may be amended from time to
time.
(x) Suspension and Cancellation. You agree that your
registration of the domain name shall be subject to suspension,
cancellation, or transfer pursuant to any Tucows, Registry
Operator, CNNIC or government-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent with a CNNIC or
government-adopted policy, (1) to correct mistakes by a party in
registering the name, (2) for the resolution of disputes
concerning the domain name, (3) to protect the integrity and
stability of the registry, (4) to comply with any applicable
laws, government rules or requirements, requests of aw
enforcement, (5) to avoid any liability, civil or criminal, on
the part of Tucows, Registry Operator or CNNIC, as well as their
affiliates, subsidiaries, directors, representatives, employees
and stockholders or (6) for violations of this Agreement. Tucows,
Registry Operator and CNNIC also reserve the right to "freeze" a
domain name during the resolution of a dispute.
(xi) Jurisdiction. For the adjudication of disputes concerning
or arising from use of the domain name, the Registrant shall
submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the
Registrant's domicile, (2) where Tucows is located, and (3) the
People's Republic of China.
(xii) Governing Law. For the adjudication of a dispute
concerning or arising from use of a .cn domain, such dispute
will be governed under the Laws of the Peoples Republic of
China.
(e) .de Domains. In the case of a ".de"
registration, the following terms and conditions will apply:
(i) Selection of a Domain Name. You
represent that:
(A) 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;
(B) either you, or the person designated as the
administrative contact for the domain name, shall be
resident or shall have a branch in Germany;
(C) 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.
(ii) 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. (iii) Registry Policies. You agree to be bound by the
Registry's Registration Terms and Conditions and the
Registration Guidelines. English language translations of the
Registry's documents are provided for convenience; in the event
of a discrepancy between the English and the German language
agreements, the terms of the German agreement will prevail. The
Registry documents may be found at:
11.2. English:
(A) Registration Terms and Conditions
http://www.denic.de/en/bedingungen.html
(B) Registration Guidelines
http://www.denic.de/en/richtlinien.html
11.3. German:
(C) DENIC-Registrierungsbedingungen
http://www.denic.de/de/bedingungen.html
(D) DENIC-Registrierungsrichtlinien
http://www.denic.de/de/richtlinien.html
(h) .eu domains. In the case of a ".eu"
registration, the following terms and conditions will apply:
(i) Eligibility Criteria: .eu domain names
are available for registration to companies and persons who
fulfill the following criteria. As a condition of registration,
you accordingly represent that you are:
(I) an undertaking having its
registered office, central administration or principal place
of business within the European Community;
(II) an organization established within the European
Community without prejudice to the application of national
law, or
(III) a natural person resident within the European
Community.
(ii) Registry Policy. 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. Registration policies
of the Registry and the terms and conditions applicable to your
.eu registration may be found at:
http://www.eurid.eu/en/documents/registration_policy_v._1_0.pdf
and
http://www.eurid.eu/en/documents/terms_and_conditions_v1_0_.pdf
respectively. 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.
(iii) 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.
(iv) Sunrise and General Pre-registration Applications. You
acknowledge that the submission of a "Sunrise" or a "General
Pre-registration Application" does not ensure the registration
of the domain name. In the event that your application does not
result in a domain name registration, a portion of the
registration fee shall be refunded after the deduction of a
handling fee, which fee shall be subject to change based on
fluctuations in the exchange rates of the US dollar and Euro.
You agree that your sunrise application shall be subject to the
pre-registration policies found at
http://www.eurid.eu/en/launch/index_html.
(f) .fr Domains. In the case of a ".fr"
registration, the following terms and conditions will apply:
(i) Representation of Registrant. .fr
domain names are available for registration to companies and
persons who fulfill the following criteria. As a condition of
registration, you accordingly represent that you are:
(A) A legal entity:
(I) whose head office is in
France; (or),
(II) which possess an address in France which is
expressly listed in the public electronic databases of
the registrars of the commercial courts or the National
Statistical and Economic Studies Institute (INSEE),
(or),
(III) State institutions or departments, local
authorities or associated establishments, (or),
(IV) which own a trademark registered with the National
Intellectual Property Institute or own a registered EU
or international trademark which expressly includes
French territory; or
(B) A natural person:
(I) of French nationality; (or),
(II) of foreign nationality who are domiciled in France;
(or),
(III) who own a trademark registered with the National
Intellectual Property Institute or own a registered EU
or international trademark which expressly includes
French territory.
(ii) Administrative Contact. Each registrant must
designate an administrative contact to act as a
coordinator between the Registrant and the Registry. In
the case of .fr registrations, the administrative
contact must be based in France where it can receive
legal and other documents.
(iii) Registry Policies. You agree to be bound by the
Registry's Naming Charter, its registration rules for .fr.
English language translations of the Registry's
documents are provided for convenience. The Registry
documents may be found at: www.afnic.fr/obtenir/chartes/nommage-fr.
(iv) 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. The current .fr dispute resolution policy and
procedures can be found at http://www.afnic.fr/doc/ref/juridique/parl.
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.
(i) .it Domains. In the case of an "it"
registration, the following terms and conditions shall apply:
(i) Registration Criteria. Registration of
an .it name is restricted to subjects belonging to a member
state of the European Union. Individuals and associations
operating without a VAT number or a fiscal code are limited to a
single domain name registration.
(i) Registry Policy. 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.it/NA/regole-naming-curr-engl.txt.
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.
Additional policies, including transfer procedures and
"netiquette" rules may be found at
http://www.nic.it/NA/index-engl.html.
(g) .nl Domains. In the case of a ".nl"
registration, the following terms and conditions shall apply:
(i) Registration Criteria. Registration of
a .nl domain name is unrestricted save and except that
applicants who are not based in the Netherlands or who do not
have a registered address in the Netherlands must provide an
address in the Netherlands where written documents can be sent
to the applicant and where legal summonses can be served.
(ii) Registry Policies. You agree to be bound by the policies of
the Registry including but not limited to the Registry's
Registration Regulations. English language translations of the
Registry's documents are provided for convenience and may be
found at www.domain-registry.nl/sidn_english/flat/
General/Rules/Regulations.
(iii) 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.
The current .nl dispute resolution policy and procedures can be
found at www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations_for_arbitration_on_.nl_domain_names/index.html.
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.
(h) .tv Domains. In the case of a ".tv"
registration, the following terms and conditions will apply:
(i) 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.icann.org/dndr/udrp/policy.htm.
Please take the time to familiarize yourself with this policy.
(ii) Policy . You agree that your registration of the .tv domain
name shall be subject to suspension, cancellation, or transfer
pursuant to any 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. You
acknowledge that you have reviewed the .tv General Terms of
Service which may be found at:
http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml
and expressly agree to the terms outlined therein.
(i) co.uk, .org.uk, ltd.uk, net.uk, plc.uk
and me.uk Domains. In the case of a co.uk, .org.uk, ltd.uk,
net.uk, plc.uk or me.uk registration, the following terms and
conditions will apply:
(i) "Nominet UK" means the entity granted
the exclusive right to administer the registry for .uk domain
name registrations.
(ii) 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
which 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.uk/DisputeResolution/DrsPolicy/.
Please take the time to familiarize yourself with this policy.
(iii) Nominet UK Policy. You agree that your registration of the
domain name shall be subject to suspension, cancellation, or
transfer pursuant to any Nominet UK-adopted policy, term or
condition, or pursuant to any registrar or registry procedure
not inconsistent with an Nominet UK-adopted policy, (1) to
correct mistakes by a registrar or the registry in registering
the name, or (2) for the resolution of disputes concerning the
domain name. The current Nominet UK terms and conditions can be
found at:
http://www.nic.uk/registrants/legal/terms/
When you submit a request for a domain name registration with
Tucows and/or Reseller, you will be entering into two contracts
- one contract with Tucows and/or Reseller and one contract with
Nominet UK.
Tucows and your Reseller will act as agents on your behalf by
submitting your application to Nominet for you, however, you
will still be entering into a direct contract between you and
Nominet UK. This is a separate contract from this agreement; may
be found at
http://resellers.tucows.com/contracts/uk/ukterms.
Tucows and Reseller must also make you aware that by accepting
Nominet's terms and conditions you are consenting to Nominet
using your personal data for a variety of reasons. In
particular, your name and address may be published as part of
Nominet's Whois look-up service.
(iv) Transfer of Ownership. Any transfer of ownership in and to
a domain name registration shall be affected in accordance with
Nominet UK policies and procedures..
(j) .us Domains. In the case of a ".us"
registration, the following terms and conditions will apply:
(i) "DOC" means the United States of
America Department of Commerce.
(ii) us Nexus Requirement. Only those individuals or
organizations that have a substantive lawful connection in the
United States are permitted to register for .usTLD domain names.
Registrants in the .usTLD must satisfy the nexus requirement
("Nexus" or "Nexus Requirements") set out at:
http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
(iii) Selection of a Domain Name. You certify and represent
that:
(A) You have and shall continue to
have, a bona fide presence in the United States on the basis
of real and substantial lawful contacts with, or lawful
activities in, the United States as defined in Section (ii)
hereinabove;
(B) The listed name servers are located within the United
States;
(C) The data provided in the domain name registration
application is true, correct, up to date and complete, and
that you will continue to keep all of the information
provided correct, up-to-date and complete;
(D) 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;
(E) That the domain name is not being registered for nor
shall it at any time whatsoever be used for any unlawful
purpose whatsoever;
(F) You have the authority to enter into this Registration
Agreement.
(iv) 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 and the usDRP, as defined below,
that is incorporated herein and made a part of this Agreement by
reference. Please take the time to familiarize yourself with
these policies.
(A) 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:
(B) The Nexus Dispute Policy ("Dispute Policy), available
at:
http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf.
The Dispute Policy will provide interested parties with an
opportunity to challenge a registration not complying with
the Nexus Requirements.
(C) The usTLD Dispute Resolution Policy ("usDRP") available
at:
http://www.neustar.us/policies/docs/usdrp.pdf.
The usDRP is intended to provide interested parties with an
opportunity to challenge a registration based on alleged
trademark infringement.
In addition to the foregoing, you agree
that, for the adjudication of disputes concerning or arising
from use of the Registered Name, you shall submit, without
prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (i) of your domicile, (ii) where
Tucows is located, and (iii) the United States.
(v) Policy. You agree that your registration of the domain name
shall be subject to suspension, cancellation, or transfer
pursuant to any Tucows, Registry Operator, the DOC or
government-adopted policy, or pursuant to any registrar or
registry procedure not inconsistent with a DOC 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. The Registry
Operator's policies can be found at
http://www.neustar.us/policies.
(vi) Indemnity. The DOC shall be added to the parties you have
agreed to indemnify in Section 13 hereinabove.
(vii) 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:
(A) Your full name, postal address,
e-mail address and telephone number and fax number (if
available) (or, if different, that of the domain name
holder);
(B) The domain name being registered;
(C) The name, postal address, e-mail address, and telephone
number and fax number (if available) telephone numbers of
the administrative contact, the technical contact and the
billing contact for the domain name;
(D) The IP addresses and names of the primary nameserver and
any secondary nameserver(s) for the domain name;
(E) In addition to the foregoing, you will be required to
provide additional Nexus Information. The Nexus Information
requirements are set out at
http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
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.
(viii) Disclosure and Use of the Registration Information. You
agree and acknowledge that we will make domain name registration
information you provide available to the DOC, to the Registry
Operator, 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 the DOC 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 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.
33. WHOIS PRIVACY SERVICE. The
following terms and conditions will apply if you subscribe to the
Whois Privacy Service:
(a) Subscribers to the Whois Privacy
Service have elected to include the following information in the
publicly available Whois Registry:
(i) Contactprivacy.com shall appear as
the Registrant and Contacts name(s);
(ii) Tucows' postal address and a Tucows assigned email
address and telephone number shall appear on behalf of the
Registrant and the Contact(s);
(iii) The primary and secondary nameservers shall be those
designated by the Registrant;
(iv) The original date of registration and the expiration of
each domain name;
(v) Tucows will be identified as the registrar of record.
(b) You understand and agree that the
Registrant and Contact Information that you have provided will
be kept on file. You further agree and warrant that you will
ensure that the Whois Information is true, accurate and up to
date.
(c) You will will retain complete control over the domain name
and its registration records and may suspend and reinstate the
Whois Privacy Service at your discretion.
(d) The Whois Privacy Service may be used with both new and
existing domain name registrations. You may use the Whois
Privacy Service with respect to a domain name that has been
transferred but it will only commence after the transfer has
been completed. If you wish to transfer the domain name to a
different registrar,the Whois Privacy Service must be disabled
in order to initiate the transfer.
(e) We will send all obligatory renewal and transfer related
messages to the Contacts you have designated.
(f) Communications Forwarding. Communications received with
respect to a particular domain name registration will be handled
as follows:
(i) We will forward to you or a
Contact all correspondence received by registered mail or
traceable courier. This information may be opened, scanned
and emailed to you or your Contact.. Regular postal mail
will be discarded or returned to sender at our discretion.
(ii) Email correspondence will be forwarded according to the
instructions of the Registrant as they appear in our
records.
(iii) A voice mail message will advise all callers that
inbound messages will not be accepted; calls will be
directed to the contactprivacy.com web site where written
messages will be forwarded according to your instructions.
(iv) We will only be responsible for forwarding
communications where our details have appeared in the whois
and when your Whois Information is accurate, complete and up
to date.
(g) Right to Suspend and Disable. We shall
have the right, at our sole discretion and without liability to
you or any of your Contacts, suspend or cancel your domain name
and to reveal Registrant and Contact Whois Information in
certain circumstances, including but not limited to the
following:
(i) when required by law;
(ii) in the good faith belief that disclosure is necessary
to further determination of an alleged breach of a law;
(iii) to comply with a legal process served upon Tucows;
(iv) to resolve any and all third party claims including but
not limited to ICANN's or a Registry's dispute resolution
policy;
(v) to avoid financial loss or legal liability;
(vi) if we believe that you or one of your Contacts is using
the Whois Privacy Service to conceal involvement with
illegal, illicit, objectionable or harmful activities; or
(vii) to transmit SPAM, viruses, worms or other harmful
computer programs.
(h) You understand and agree that, in the
event that we receive a formal complaint, notice of claim or
UDRP, that we will have the right to disable the Whois Privacy
Service pending final disposition of the matter.
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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