Master contract
OpenSRS Terms and Conditions
Registration Agreement
- In this Registration Agreement ("Agreement"), "Registrant", "you" and "your" refers
to the Registrant of each domain name registration, "we", "us" and "our" refers
to Tucows.com Co., and "Services" refers to the domain name registration
services provided by us as offered through Ontanet,
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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Announcements. We reserve the right to distribute information to you
that is pertinent to the quality or operation of our services and those
of our service
partners. These announcements will be predominately informative in nature
and may include notices describing changes, upgrades, new products or other
information
to add security or to enhance your identity on the Internet.
- Limitation of liability. You agree that our entire liability, and your
exclusive remedy, with respect to any Services(s) provided under this Agreement
and any
breach of this Agreement is solely limited to the amount you paid for 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.
- 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.
- 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.
- 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.
- Disclaimer of warranties. You agree that your use of our Services is
solely at your own risk. You agree that such Service(s) is provided on
an "as is," "as
available" basis. We expressly disclaim all warranties of any kind,
whether express or implied, including but not limited to the implied warranties
of merchantability,
fitness for a particular purpose and non-infringement. We make no warranty
that the Services will meet your requirements, or that the Service(s) will
be uninterrupted,
timely, secure, or error free; nor do we make any warranty as to the results
that may be obtained from the use of the Service(s) or as to the accuracy
or reliability of any information obtained through the Service or that
defects in
the Service will be corrected. You understand and agree that any material
and/or data downloaded or otherwise obtained through the use of Service
is done at your
own discretion and risk and that you will be solely responsible for any
damage to your computer system or loss of data that results from the download
of
such material and/or data. We make no warranty regarding any goods or services
purchased
or obtained through the Service or any transactions entered into through
the Service. No advice or information, whether oral or written, obtained
by you from
us or through the Service shall create any warranty not expressly made
herein.
- Information. As part of the registration process, you
are required to provide us certain information and to update us promptly
as such information
changes
such that our records are current, complete and accurate. You are obliged
to provide us the following information:
(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.
- 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.
- 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.
- 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.
- 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.
- Non-waiver. Our failure to require performance by you of any provision
hereof shall not affect the full right to require such performance at any
time thereafter;
nor shall the waiver by us of a breach of any provision hereof be taken
or held to be a waiver of the provision itself.
- Notices. Any notice, direction or other communication given under this
Agreement shall be in writing and given by sending it via e-mail or via
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.
- 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.
- Governing law. This agreement shall be governed by and
interpreted and enforced in accordance with the laws of the 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 tot the jurisdiction of such courts.
- Infancy. You attest that you are of legal age to enter into this Agreement.
- 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.
- 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
- 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.
- 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.
(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.
(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) 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.
(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.
- 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
(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.nominet.org.uk/ReferenceDocuments/TermsAndConditions/TermsAndConditions.html
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.
- 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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