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EXHIBIT A
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
_____________________________________, 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. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. INFANCY. You attest that you are of legal age to enter
into this Agreement.
27. 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.
28. 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
29. 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.
30. 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.
31. 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.
32. 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.
 |
Uniform Domain
Name
Dispute Resolution Policy
Policy Adopted: August 26, 1999
Implementation Documents Approved: October 24, 1999 |
Notes:
1. This policy is now in effect. See
www.icann.org/udrp/udrp-schedule.htm for the
implementation schedule.
2. This policy has been adopted by all accredited
domain-name registrars for domain names ending in .com, .net,
and .org. It has also been adopted by certain managers of
country-code top-level domains (e.g., .nu, .tv, .ws).
3. The policy is between the registrar (or other
registration authority in the case of a country-code top-level
domain) and its customer (the domain-name holder or
registrant). Thus, the policy uses "we"
and "our" to refer to the registrar and it uses "you" and
"your" to refer to the domain-name holder.
Uniform Domain Name Dispute
Resolution Policy
(As Approved by ICANN on October 24, 1999)
1. Purpose. This Uniform
Domain Name Dispute Resolution Policy (the "Policy") has been
adopted by the Internet Corporation for Assigned Names and
Numbers ("ICANN"), is incorporated by reference into your
Registration Agreement, and sets forth the terms and conditions
in connection with a dispute between you and any party other
than us (the registrar) over the registration and use of an
Internet domain name registered by you. Proceedings under
Paragraph 4 of this Policy will be conducted
according to the Rules for Uniform Domain Name Dispute
Resolution Policy (the "Rules of Procedure"), which are
available at
www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected
administrative-dispute-resolution service provider's
supplemental rules.
2. Your Representations. By
applying to register a domain name, or by asking us to maintain
or renew a domain name registration, you hereby represent and
warrant to us that (a) the statements that you made in your
Registration Agreement are complete and accurate; (b) to your
knowledge, the registration of the domain name will not infringe
upon or otherwise violate the rights of any third party; (c) you
are not registering the domain name for an unlawful purpose; and
(d) you will not knowingly use the domain name in violation of
any applicable laws or regulations. It is your responsibility to
determine whether your domain name registration infringes or
violates someone else's rights.
3. Cancellations, Transfers, and
Changes. We will cancel,
transfer or otherwise make changes to domain name registrations
under the following circumstances:
a. subject to the provisions of Paragraph 8,
our receipt of written or appropriate electronic instructions
from you or your authorized agent to take such action;
b. our receipt of an order from a court or arbitral
tribunal, in each case of competent jurisdiction, requiring
such action; and/or
c. our receipt of a decision of an
Administrative Panel requiring such action in any
administrative proceeding to which you were a party and which
was conducted under this Policy or a later version of this
Policy adopted by ICANN. (See Paragraph 4(i)
and (k) below.)
We may also cancel, transfer or otherwise
make changes to a domain name registration in accordance with
the terms of your Registration Agreement or other legal
requirements.
4. Mandatory Administrative
Proceeding.
This Paragraph sets forth the type of
disputes for which you are required to submit to a mandatory
administrative proceeding. These proceedings will be conducted
before one of the administrative-dispute-resolution service
providers listed at
www.icann.org/udrp/approved-providers.htm (each, a
"Provider").
a. Applicable Disputes.
You are required to submit to a mandatory administrative
proceeding in the event that a third party (a "complainant")
asserts to the applicable Provider, in compliance with the
Rules of Procedure, that
(i) your domain name is identical or
confusingly similar to a trademark or service mark in which
the complainant has rights; and
(ii) you have no rights or legitimate
interests in respect of the domain name; and
(iii) your domain name has been
registered and is being used in bad faith.
In the administrative proceeding, the
complainant must prove that each of these three elements are
present.
b. Evidence of Registration and Use
in Bad Faith. For the purposes
of Paragraph 4(a)(iii), the following
circumstances, in particular but without limitation, if found
by the Panel to be present, shall be evidence of the
registration and use of a domain name in bad faith:
(i) circumstances indicating that you
have registered or you have acquired the domain name
primarily for the purpose of selling, renting, or otherwise
transferring the domain name registration to the complainant
who is the owner of the trademark or service mark or to a
competitor of that complainant, for valuable consideration
in excess of your documented out-of-pocket costs directly
related to the domain name; or
(ii) you have registered the domain
name in order to prevent the owner of the trademark or
service mark from reflecting the mark in a corresponding
domain name, provided that you have engaged in a pattern of
such conduct; or
(iii) you have registered the domain
name primarily for the purpose of disrupting the business of
a competitor; or
(iv) by using the domain name, you
have intentionally attempted to attract, for commercial
gain, Internet users to your web site or other on-line
location, by creating a likelihood of confusion with the
complainant's mark as to the source, sponsorship,
affiliation, or endorsement of your web site or location or
of a product or service on your web site or location.
c. How to Demonstrate Your Rights to
and Legitimate Interests in the Domain Name in Responding to a
Complaint. When you receive a
complaint, you should refer to
Paragraph 5 of the Rules of Procedure in determining how
your response should be prepared. Any of the following
circumstances, in particular but without limitation, if found
by the Panel to be proved based on its evaluation of all
evidence presented, shall demonstrate your rights or
legitimate interests to the domain name for purposes of
Paragraph 4(a)(ii):
(i) before any notice to you of the
dispute, your use of, or demonstrable preparations to use,
the domain name or a name corresponding to the domain name
in connection with a bona fide offering of goods or
services; or
(ii) you (as an individual, business,
or other organization) have been commonly known by the
domain name, even if you have acquired no trademark or
service mark rights; or
(iii) you are making a legitimate
noncommercial or fair use of the domain name, without intent
for commercial gain to misleadingly divert consumers or to
tarnish the trademark or service mark at issue.
d. Selection of Provider.
The complainant shall select the Provider from among those
approved by ICANN by submitting the complaint to that
Provider. The selected Provider will administer the
proceeding, except in cases of consolidation as described in
Paragraph 4(f).
e. Initiation of Proceeding and
Process and Appointment of Administrative Panel.
The Rules of Procedure state the process for initiating and
conducting a proceeding and for appointing the panel that will
decide the dispute (the "Administrative Panel").
f. Consolidation.
In the event of multiple disputes between you and a
complainant, either you or the complainant may petition to
consolidate the disputes before a single Administrative Panel.
This petition shall be made to the first Administrative Panel
appointed to hear a pending dispute between the parties. This
Administrative Panel may consolidate before it any or all such
disputes in its sole discretion, provided that the disputes
being consolidated are governed by this Policy or a later
version of this Policy adopted by ICANN.
g. Fees.
All fees charged by a Provider in connection with any dispute
before an Administrative Panel pursuant to this Policy shall
be paid by the complainant, except in cases where you elect to
expand the Administrative Panel from one to three panelists as
provided in
Paragraph 5(b)(iv) of the Rules of Procedure, in which
case all fees will be split evenly by you and the complainant.
h. Our Involvement in Administrative
Proceedings. We do not, and will
not, participate in the administration or conduct of any
proceeding before an Administrative Panel. In addition, we
will not be liable as a result of any decisions rendered by
the Administrative Panel.
i. Remedies.
The remedies available to a complainant pursuant to any
proceeding before an Administrative Panel shall be limited to
requiring the cancellation of your domain name or the transfer
of your domain name registration to the complainant.
j. Notification and Publication.
The Provider shall notify us of any decision made by an
Administrative Panel with respect to a domain name you have
registered with us. All decisions under this Policy will be
published in full over the Internet, except when an
Administrative Panel determines in an exceptional case to
redact portions of its decision.
k. Availability of Court Proceedings.
The mandatory administrative proceeding requirements set forth
in Paragraph 4 shall not prevent either you
or the complainant from submitting the dispute to a court of
competent jurisdiction for independent resolution before such
mandatory administrative proceeding is commenced or after such
proceeding is concluded. If an Administrative Panel decides
that your domain name registration should be canceled or
transferred, we will wait ten (10) business days (as observed
in the location of our principal office) after we are informed
by the applicable Provider of the Administrative Panel's
decision before implementing that decision. We will then
implement the decision unless we have received from you during
that ten (10) business day period official documentation (such
as a copy of a complaint, file-stamped by the clerk of the
court) that you have commenced a lawsuit against the
complainant in a jurisdiction to which the complainant has
submitted under
Paragraph 3(b)(xiii) of the Rules of Procedure. (In
general, that jurisdiction is either the location of our
principal office or of your address as shown in our Whois
database. See
Paragraphs 1 and
3(b)(xiii) of the Rules of Procedure for details.) If we
receive such documentation within the ten (10) business day
period, we will not implement the Administrative Panel's
decision, and we will take no further action, until we receive
(i) evidence satisfactory to us of a resolution between the
parties; (ii) evidence satisfactory to us that your lawsuit
has been dismissed or withdrawn; or (iii) a copy of an order
from such court dismissing your lawsuit or ordering that you
do not have the right to continue to use your domain name.
5. All Other Disputes and Litigation.
All other disputes between you and any party other than us
regarding your domain name registration that are not brought
pursuant to the mandatory administrative proceeding provisions
of Paragraph 4 shall be resolved between you
and such other party through any court, arbitration or other
proceeding that may be available.
6. Our Involvement in Disputes.
We will not participate in any way in any dispute between you
and any party other than us regarding the registration and use
of your domain name. You shall not name us as a party or
otherwise include us in any such proceeding. In the event that
we are named as a party in any such proceeding, we reserve the
right to raise any and all defenses deemed appropriate, and to
take any other action necessary to defend ourselves.
7. Maintaining the Status Quo.
We will not cancel, transfer, activate, deactivate, or otherwise
change the status of any domain name registration under this
Policy except as provided in Paragraph 3 above.
8. Transfers During a Dispute.
a. Transfers of a Domain Name to a
New Holder. You may not transfer
your domain name registration to another holder (i) during a
pending administrative proceeding brought pursuant to
Paragraph 4 or for a period of fifteen (15)
business days (as observed in the location of our principal
place of business) after such proceeding is concluded; or (ii)
during a pending court proceeding or arbitration commenced
regarding your domain name unless the party to whom the domain
name registration is being transferred agrees, in writing, to
be bound by the decision of the court or arbitrator. We
reserve the right to cancel any transfer of a domain name
registration to another holder that is made in violation of
this subparagraph.
b. Changing Registrars.
You may not transfer your domain name registration to another
registrar during a pending administrative proceeding brought
pursuant to Paragraph 4 or for a period of
fifteen (15) business days (as observed in the location of our
principal place of business) after such proceeding is
concluded. You may transfer administration of your domain name
registration to another registrar during a pending court
action or arbitration, provided that the domain name you have
registered with us shall continue to be subject to the
proceedings commenced against you in accordance with the terms
of this Policy. In the event that you transfer a domain name
registration to us during the pendency of a court action or
arbitration, such dispute shall remain subject to the domain
name dispute policy of the registrar from which the domain
name registration was transferred.
9. Policy Modifications.
We reserve the right to modify this Policy at any time with the
permission of ICANN. We will post our revised Policy at <URL> at
least thirty (30) calendar days before it becomes effective.
Unless this Policy has already been invoked by the submission of
a complaint to a Provider, in which event the version of the
Policy in effect at the time it was invoked will apply to you
until the dispute is over, all such changes will be binding upon
you with respect to any domain name registration dispute,
whether the dispute arose before, on or after the effective date
of our change. In the event that you object to a change in this
Policy, your sole remedy is to cancel your domain name
registration with us, provided that you will not be entitled to
a refund of any fees you paid to us. The revised Policy will
apply to you until you cancel your domain name registration. |
Last Updated: Thursday, 28-Jun-2001 12:19:04 EDT |
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