1. AGREEMENT. In this Registration Agreement ("Agreement")
"you" and "your" refer to the registrant of each domain name
registration and/or recipient of email forwarding services, "we", "us"
and "our" refer to
TUCOWS Inc., "Registry Operator" refers to The Global Name
Registry Ltd. and "Services" refers to the domain name registration and
email forwarding provided by us as offered
through niyatisoftech.com ("RSP"). This Agreement explains our obligations
to you, and explains your obligations to us for various Services.
2. .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.
3. .name REPRESENTATIONS. As a .name domain name Registrant, you
hereby represent that:
(i) the registered domain name or second level domain ("SLD") email
address is your Personal Name.
(ii) 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,
(iii) 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;
(iv) that the domain name is not being registered for nor shall it
at any time whatsoever be used for any unlawful purpose whatsoever;
(v) the registration satisfies the Eligibility Requirements found at http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm;
and
(vi) you have the authority to enter into this Registration
Agreement.
4. EMAIL FORWARDING SERVICES.
(i) The Services for which you have registered may, at your option,
include email forwarding. To the extent you opt to use email
forwarding, you are obliged to do so in accordance with all applicable
legislation and are responsible for all use of email forwarding,
including the content of messages sent through email forwarding.
(ii) You undertake to familiarize yourself with the content of and
to comply with the generally accepted rules for Internet and email
usage. This includes, but is not limited to the Acceptable Use Policy,
available at http://www.theglobalname.org/ as well as the following restrictions. Without prejudice to the
foregoing, you undertake not to use email 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 email, 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 email forwarding.
(iii) Registry Operator reserves the right to implement additional
anti-spam measures, to block spam or mail from systems with a history of
abuse from entering Registry Operator's email forwarding. However, due
to the nature of such systems, which actively block messages, Registry
Operator 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.
(iv) You understand and agree that Registry Operator may delete
material that does not conform to clause (c) above or that in some other
way constitutes a misuse of email forwarding. You further understand
and agree that Registry Operator is at liberty to block your access to
email forwarding if you use email forwarding in a way that contravenes
this Agreement. You will be given prior warning of discontinuation of
the email forwarding unless it would damage the reputation of Registry
Operator or jeopardize the security of Registry Operator or others to do
so. Registry Operator reserves the right to immediately discontinue
email forwarding without notice if the technical stability of email
forwarding is threatened in any way, or if you are in breach of this
Agreement. On discontinuing email forwarding, Registry Operator is not
obliged to store any contents or to forward unsent email to you or a
third party.
(v) You understand and agree that to the extent either we and/or
Registry Operator is required by law to disclose certain information or
material in connection with your email forwarding, either we and/or
Registry Operator will do so in accordance with such requirement and
without notice to you.
5. FEES. As consideration for the Services you have selected, you
agree to pay the RSP the applicable
service(s) 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.
6. 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.
7. MODIFICATIONS TO AGREEMENT. You agree that we may in our sole
discretion: (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. 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. We will not
refund any fees paid by you if you terminate your agreement with us.
8. 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. You will not be
able to transfer your domain name during the first sixty (60) days
following registration of the domain name with us. Beginning on the
sixty-first (61st) day following the registration, the policies set
forth at: http://www.opensrs.org/dotname_info.shtml shall apply.
9. 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.opensrs.org/legal/udrp.shtml.
Please take the time to familiarize yourself with this policy. In
addition, 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.
(i) the Eligibility Requirements (the "Eligibility Requirements"),
available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(ii) the Eligibility Requirements Dispute Resolution Policy (the
"ERDRP"), available at http://www.icann.org.tlds/agreements/name/registry-agmt-appm-03jul01.htm;
and
(iii) the Uniform Domain Name Dispute Resolution Policy (the
"UDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
The Eligibility Requirements dictate that Personal Name domain names
and Personal Name SLD email addresses will be granted on a first-come,
first-served basis, except for registrations granted as a result of a
dispute resolution proceeding or during the landrush procedures in
connection with the opening of the Registry
TLD. 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.
The ERDRP applies to challenges to (i) registered domain names and
SLD email 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 Operator) within
.name.
The UDRP sets forth the terms and conditions in connection with a
dispute between a Registrant and party other than Global Name Registry
("Registry Operator") or Registrar over the registration and use of an
Internet domain name registered by a Registrant.
10. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that we,
in our sole discretion, may modify our dispute policy. We will post any
such revised policy on our Web site at least thirty (30) calendar days
before it becomes effective. You agree that, by maintaining the
reservation or registration of your domain name or SLD email address
after modifications to the dispute policy become effective, you have
agreed to these modifications. You acknowledge that if you do not agree
to any such modification, you may terminate this Agreement. We will
not refund any fees paid by you if you terminate your Agreement with us.
11. DOMAIN NAME DISPUTES. You agree that, if your use of our
domain name registration services is challenged by a third party, you
will be subject to the provisions specified in our dispute policy in
effect at the time of the dispute. 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 set forth below in this
agreement. 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.
12. POLICY. You agree that your registration of the domain name
shall be subject to suspension, cancellation, or transfer pursuant to
any
Tucows, Registry Operator, 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.
13. 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.
14. 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.
15. 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.
You agree that neither we nor the Registry Operator will have any
liability of any kind for any loss or liability resulting from
(i) the processing of registration requests prior to live SRS
launch, including, without limitation, your ability or inability to
obtain a .name domain name or SLD email address registration using these
processes; or (ii) any dispute over any .name domain name, SLD email
address, Defensive Registration or NameWatch Registration (as defined by
the Registry Operator), including the decision of any dispute
resolution proceeding related to any of the foregoing.
16. INDEMNITY. You agree to release, indemnify, and hold us, the
Registry Operator, 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 out of or relating to the domain name
registered 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
both us and the Registry Operator harmless pursuant to the terms and
conditions contained in the Dispute Policies. 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. This indemnification obligation will
survive the termination or expiration of this Agreement.
17. 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.
18. 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 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.
19. NO GUARANTY. You acknowledge that registration or reservation
of your chosen domain name does not confer immunity from objection to
either the registration, reservation, or use of the domain name.
20. 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.
21. INFORMATION. As part of the registration process, you are
required to provide us certain information and to update us promptly as
such information changes such that our records are current, complete and
accurate. You are obliged to provide us the following information:
(i) Your full name, postal address, e-mail address and voice
telephone number and fax number (if available) (or, if different, that
of the domain name holder);
(ii) The domain name being registered;
(iii) The name, postal address, e-mail address, and voice telephone
number and fax number (if available) telephone numbers of the
administrative contact, the technical contact and the billing contact
for the domain name;
(iv) The IP addresses and names of the primary nameserver and any
secondary
nameserver(s) for the domain name.
You acknowledge and agree that the foregoing registration data will
be publicly available and accessible on the Whois directory as required
by ICANN and may be sold in bulk in accordance with ICANN policy. You
further understand and agree that the foregoing registration data may be
transferred internationally.
22. 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.
23. REVOCATION. 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 your 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 the ICANN Agreement or an
ICANN/Registry Operator policy.
24. RIGHT OF REFUSAL. We, and/or Registry Operator, in our sole
discretion, reserve the right to refuse to register or reserve your
chosen domain name or register you for other Services, to protect the
integrity and stability of the Registry, to comply with any applicable
laws, government rules or requirements, requests of law enforcement, in
compliance with the dispute resolution process, or to avoid any
liability, civil or criminal, on our part and/or that of the Registry
Operator, as well as our affiliates, subsidiaries, officers, directors
and employees. We and the Registry Operator reserve the right to
suspend a domain name during the resolution of a dispute.
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 a 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.
25. We reserve the right to delete or transfer your domain name
following registration if we believe the registration has been made
possible by a mistake, made either by us or by a third party.
26. 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.
27. 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.
28. 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.
29. 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 be given when an electronic confirmation of
delivery has been obtained by the sender. In the case of e-mail,
notifications must be sent to us at lhutz@tucows.com,
or in the case of notification to you, to the e-mail address provided
by you in your WHOIS record. Any e-mail communication shall be deemed to
have been validly and effectively given on the date of such
communication, if such date is a business day and such delivery was made
prior to 4:00 p.m. EST, otherwise it will be deemed to have been
delivered on the next business day. In the case of regular mail notice,
valid notice shall be deemed to have been validly and effectively given 5
business days after the date of mailing and, in the case of
notification to us or to RSP shall be sent to:
Our address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
Attention: Legal Affairs
and in the case of notification to you shall be to the address
specified in the "Administrative Contact" in your WHOIS record
30. ENTIRETY. You agree that this Agreement, the rules and
policies published by
Tucows, ICANN and/or the Registry Operator 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.
31. 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.
32. INFANCY. You attest that you are of legal age to enter into
this Agreement.
33. 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. |
