We register .info domain names through an ICANN approved registrar
(TUCOWS).
To do this, ICANN requires that the exact Registration Agreement below is posted
on our web site and is accepted by each
end-user registrant. These terms and conditions apply to *all* ICANN registrars.
If you licence or register a .info domain name through us then you agree with
these ICANN terms and conditions.
In addition our own specific terms and conditions apply and take
precedent over any similar terms and conditions in the Registration Agreement.
In particular, unless specifically requested, a domain name is always registered
in our name and we legally own that name. This considerably simplifies administration
and management. You are purchasing the exclusive right (a "licence")
to use that name for a specific period. Our invoices always use the term "licence"
when referring to domain names. If you purchased the licence through one of
our resellers then this should be mentioned in their terms and conditions. A
resellers terms and conditions cannot override our terms and conditions since
the service is provided by us. If during the period of the licence you wish
the domain name to be registered into your name (you take ownership) and all
outstanding monies have been paid then providing that both parties are in agreement
and there is no dispute we can be arrange this for a transfer fee.
Registration Agreement
AGREEMENT. In this Registration Agreement ("Agreement")
"you" and "your" refer to the registrant of each domain
name registration, "we", "us" and "our" refer
to TUCOWS Inc. and "Services" refers to the domain name registration
provided by us as offered through ADVANCE MICRO COMPUTERS LTD ("RSP").
This Agreement explains our obligations to you, and explains your obligations
to us for various Services. If you are registering your name during the finite
period of time when owners of trademarks and service marks issued prior to
October 2, 2000 and having national effect will have the exclusive opportunity
to register identical domain names
("Sunrise Period"), you agree to comply with the procedures, terms
and obligations. You acknowledge and agree that registrations for domain names
during the Sunrise Period will only be accepted for a minimum registration
term of five (5) years.
SELECTION OF A DOMAIN NAME. You represent that, to the best of the
your knowledge and belief, neither this registration of a domain name nor
the manner in which it is directly or indirectly to be used infringes upon
the legal rights of a third party and, further, that the domain name is not
being registered for nor shall it at any
time whatsoever be used for any unlawful purpose whatsoever.
FEES. As consideration for the Services you have selected, you agree
to pay the RSP the applicable service fees. All fees payable hereunder are
non-refundable. As further consideration for the Services, you agree to: (1)
provide certain current, complete and accurate information about you as required
by the registration process and (2) maintain and update this information as
needed to keep it current, complete and accurate. All such information shall
be referred to as account information ("Account Information"). By
submitting this Agreement, you represent that the statements in your Application
are true, complete and accurate.
TERM. This Agreement shall remain in full force during the length
of the term of your domain name registration(s) as selected, recorded, and
paid for upon registration of the domain name. Should you choose to renew
or otherwise lengthen the term of your domain name registration, then the
term of this Registration Agreement shall be extended accordingly. Should
the domain name be transferred to another Registrar, the terms and conditions
of this contract shall cease.
MODIFICATIONS TO AGREEMENT. You agree that we may: (1) revise the
terms and conditions of this
Agreement; and (2) change the services provided under this Agreement. You
agree to be bound by any such
revision or change will which shall be effective immediately upon posting
on our web site or upon notification to you by e-mail or your country’s
postal service pursuant to the Notices section of this Agreement.You agree
to review this Agreement as
posted on our web site periodically to maintain an awareness of any and all
such revisions. If you do not agree with
any revision to the Agreement, you may terminate this Agreement at any time
by providing us with notice by e-mail or postal service pursuant to the Notices
section of this Agreement. Notice of your termination shall be effective after
processing by us. You agree that, by continuing the use of Services following
notice of any revision to this Agreement or change in
service(s), you shall be bound by any such revisions and changes. If you have
registered your name during
the Sunrise Period, you agree to be bound by the Sunrise Dispute Resolution
Policy ("Sunrise Dispute Policy") found at http://www.afilias.com/faq/sunrise-challenge.html.
You further agree to be bound by the ICANN Uniform Dispute Resolution Policy
("Dispute Policy") as presently written and posted on http://www.opensrs.org/legal/udrp.shtml
and as shall be amended from time to time. You acknowledge that if you do
not agree to any such modifications, you may request that your domain name
be deleted from the domain name database.
MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account
information with us, you must use
your Account Identifier and Password that you selected when you opened your
account with us. You agree to safeguard your Account Identifier and Password
from any unauthorized use. In no event shall we be liable for the unauthorized
use or misuse of your Account Identifier or Password.
DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain
name through us, or transferred a domain name to us from another registrar,
you agree to be bound by the Dispute Policies that are incorporated herein
and made a part of this Agreement by reference. The current version of the
general registration Dispute Policy may be found at http://www.opensrs.org/legal/udrp.shtml.
Please take the time to familiarize yourself with this policy.
DOMAIN NAME DISPUTES. You agree that, if the registration or reservation
of your domain name is challenged
by a third party, you will be subject to the provisions specified in the Sunrise
Dispute Policy or the Dispute Policy, as applicable. You agree that in the
event a domain name dispute arises with any third party, you will indemnify
and hold us
harmless pursuant to the terms and conditions contained in the Sunrise Dispute
Policy or Dispute Policy, as applicable.
POLICY. You agree that your registration of the domain name shall
be subject to suspension, cancellation, or transfer pursuant to a Tucows,
Registry Operator, ICANN or government-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent with a Tucows, Registry Operator,
ICANN or government-adopted policy, (1) to correct mistakes by us or the Registry
in registering the name or (2) for the resolution of disputes concerning the
domain name.
AGENCY. Should you intend to license use of a domain name to a third
party you shall nonetheless be the domain name holder of record and are therefore
responsible for providing your own full contact information and for providing
and updating accurate technical and administrative contact information adequate
to facilitate timely resolution of any problems that arise in connection with
the domain name. You shall accept liability for harm caused by wrongful use
of the domain name. You represent that you have provided notice of the terms
and conditions in this Agreement to a third party licensee and that the third
party agrees to the terms hereof.
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 such Service(s). Neither we nor our contractors or third party
beneficiaries shall be liable for any direct, indirect, incidental,
special or consequential damages resulting from the use or inability to use
any of the Services or for the cost of procurement of substitute services.
Because some jurisdictions do not allow the exclusion or limitation of liability
for consequential or incidental
damages, in such jurisdictions, our liability is limited to the extent permitted
by law. We disclaim any and all loss or liability resulting from, but not
limited to: (1) loss or liability resulting from access delays or access interruptions;
(2) loss or liability
resulting from data non-delivery or data miss-delivery; (3) loss or liability
resulting from acts of God; (4) loss or liability resulting from the unauthorized
use or misuse of your account identifier or password; (5) loss or liability
resulting from errors, omissions, or misstatements in any and all information
or services(s) provided under this Agreement; (6) loss or liability resulting
from the interruption of your Service. You agree that we will not be liable
for any loss of registration and use of your domain name, or for interruption
of business, or any indirect, special, incidental, or consequential damages
of any kind (including lost profits) regardless of the form of action whether
in contract, tort (including negligence), or otherwise, even if we have been
advised of the possibility of such damages. In no event shall our maximum
liability exceed five hundred ($500.00) dollars.
INDEMNITY. You agree to release, indemnify, and hold us, our contractors,
agents, employees, officers, directors,
affiliates and third party beneficiaries harmless from all liabilities, claims
and expenses, including attorney's fees, of third parties relating to or arising
under this Agreement, the Services provided hereunder or your use of the Services,
including without limitation infringement by you, or someone else using the
Service of any intellectual property or other proprietary right of any
person or entity, or from the violation of any of our operating rules or policy
relating to the Service(s) provided. You also agree to release, indemnify
and hold us harmless pursuant to the terms and conditions contained in the
Dispute Policy. When we are threatened with suit by a third party, we may
seek written assurances from you concerning your promise to indemnify us;
your failure to provide those assurances shall be a breach of your Agreement
and may result in deactivation of your domain
name.
TRANSFER OF OWNERSHIP. The person named as registrant at the time
the user name and password are secured shall be the owner of the domain name.
You agree that prior to transferring ownership of your domain name to another
person (the Transferee") you shall require the Transferee to agree in
writing to be bound by all the terms and conditions of this Agreement. Your
domain name will not be transferred until we receive such written assurances
or other reasonable assurance that the Transferee has been bound by the contractual
terms of this Agreement (such reasonable assurance as determined by us in
our
sole discretion) along with the applicable transfer fee. If the Transferee
fails to be bound in a reasonable fashion (as determine by us in our sole
discretion) to the terms and conditions in this Agreement, any such transfer
will be null and void. You acknowledge that you will not be entitled to change
registrars during the first sixty (60) days following the registration of
your domain name.
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.
NO GUARANTEE. You acknowledge that registration or reservation of
your chosen domain name does not confer immunity from objection to either
the registration, reservation, or use of the domain name.
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:
1. Your name and postal address (or, if different, that of the domain name
holder);
2. The domain name being registered;
3. The name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the administrative contact for the domain name;
4. The name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the billing contact for the domain name.
Any other information, which we request from you at registration, is voluntary.
Any voluntary information we request is collected for the purpose of improving
the products and services offered to you through your RSP.
DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge
that we will make domain name registration information you provide available
to ICANN, to the registry administrators, and to other third parties as applicable.
You further agree and acknowledge that we may make publicly available, or
directly available to third party vendors, some, or all, of the domain name
registration information you provide, for purposes of inspection (such as
through our WHOIS service) or other purposes as required or permitted by ICANN
and applicable laws.
You hereby consent to any and all such disclosures and use of information
provided by you in connection with the registration of a domain name (including
any updates to such information), whether during or after the term of your
registration of the domain name. You hereby irrevocably waive any and all
claims and causes of action you may have arising from such disclosure or use
of your domain name registration information by us.
You may access your domain name registration information in our possession
to review, modify or update such information, by accessing our domain manager
service, or similar service, made available by us through your RSP.
We will not process data about any identified or identifiable natural person
that we obtain from you in a way incompatible with the purposes and other
limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information we obtain from
you from our loss, misuse, unauthorized accessor disclosure, alteration or
destruction of that information.
REVOCATION. Your wilful provision of inaccurate or unreliable information,
your wilful failure promptly to update
information provided to us, or your failure to respond for over fifteen (15)
calendar days to inquiries by us concerning the accuracy of contact details
associated with the your registration shall constitute a material breach of
this Agreement and be a basis for cancellation of the domain name registration.
RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to
refuse to register or reserve your chosen
domain name or register you for other Services. In the event we do not register
or reserve your domain name or register you for other Services, or we delete
your domain name or other Services within such thirty (30) calendar day period,
we
agree to refund your applicable fee(s). You agree that we shall not be liable
to you for loss or damages that may result from our refusal to register, reserve,
or delete your domain name or register you for other Services.
We reserve the right to delete or transfer your domain name within a thirty
(30) day period following registration if we believe the registration has
been made possible by a mistake, made either by us or by a third party. We
also reserve the right to suspend a domain name during resolution of any dispute.
SEVERABILITY. You agree that the terms of this Agreement are severable.
If any term or provision is declared invalid or unenforceable, that term or
provision will be construed consistent with applicable law as nearly as possible
to reflect the original intentions of the parties, and the remaining terms
and provisions will remain in full force and effect.
NON-AGENCY. Nothing contained in this Agreement or the Dispute Policies
shall be construed as creating any
agency, partnership, or other form of joint enterprise between the parties.
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 postal service. In the case of e-mail, valid
notice shall only have been deemed to have been given when an electronic confirmation
of delivery has been obtained by the sender. In the case of e-mail, notifications
must be sent to us at lhutz@tucows.com,
or in the case of notification to you, to the e-mail address provided by you
in your WHOIS record. Any e-mail communication shall be deemed to have been
validly and effectively given on the date of such communication, if such date
is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise
it will be deemed to have been delivered on the next business day. In the
case of regular mail notice, valid notice shall be deemed to have been validly
and effectively given 5 business days after the date of mailing and, in the
case of notification to us or to RSP shall be sent to:
and in the case of notification to you shall be to the address specified in
the "Administrative Contact" in your WHOIS record.
ENTIRETY. You agree that this Agreement, the rules and policies published
by us and the Dispute Policy are the complete and exclusive agreement between
you and us regarding our Services. This Agreement and the Dispute Policy supersede
all prior agreements and understandings, whether established by custom, practice,
policy or precedent.
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
INFANCY. You attest that you are of legal age to enter into this
Agreement.
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.