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OpenSRS Domain Name
Registration Agreement
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AGREEMENT.
In this Registration Agreement ("Agreement")
"you" and "your" refer to each customer, "we",
us" and "our" refer to TUCOWS.com Inc. and
"Services" refers to the domain name registration provided by us
as offered through Efliers.net, the Registration Service Provider ("RSP").
This Agreement explains our obligations to you, and explains your
obligations to us for various Services.
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SELECTION OF A DOMAIN NAME.
You represent that, to the best of the
your knowledge and belief, neither the registration of the SLD name nor the
manner in which it is directly or indirectly used infringes the legal rights
of a third party and that the Domain Name is not being registered for any
unlawful purpose.
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FEES.
As consideration for the services you have selected, you
agree to pay to us, or your respective RSP who remits payment to us on your
behalf, the applicable service(s) fees. All fees payable hereunder are
non-refundable. As further consideration for the Services, you agree to:
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provide certain current, complete and accurate information about you
as required by the registration process and
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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, by
completing and submitting this Agreement represent that the statements
in your application are true.
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TERM.
You agree that the Registration Agreement will remain in full
force during the length of the term of your Domain Name Registration. Should
you choose to renew or otherwise lengthen the term of your Domain Name
Registration, then the term of this Registration Agreement will be extended
accordingly. This Agreement will remain in full force during the length of
the term of your Domain Name Registration 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 will be extended accordingly. Should you
transfer your domain name or should the domain name otherwise be transferred
due to another Registrar, the terms and conditions of this contract shall
cease and shall be replaced by the contractual terms in force for the
purpose of registering domain names then in force between SLD holders and
the new Registrar.
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MODIFICATIONS TO AGREEMENT.
You agree, during the period of this
Agreement, that we may:
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revise the terms and conditions of this Agreement; and
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change the services provided under this Agreement. Any such revision
or change will be binding and effective immediately on posting of the
revised Agreement or change to the service(s) on our web site, or on
notification to you by e-mail or regular mail as per the Notices section
of this agreement. You agree to review our web site, including the
Agreement, periodically to be aware of any 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 regular
mail as per the Notices section of this agreement. Notice of your
termination will be effective on receipt and processing by us. You agree
that, by continuing to use the Services following notice of any revision
to this Agreement or change in service(s), you shall abide by any such
revisions or changes. You further agree to abide by the ICANN Uniform
Dispute Resolution Policy ("Dispute Policy") as amended from
time to time. You agree that, by maintaining the reservation or
registration of your domain name 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 modifications, you may
request that your domain name be deleted from the domain name database.
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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. Please
safeguard your Account Identifier and Password from any unauthorized use. In
no event will we be liable for the unauthorized use or misuse of your
Account Identifier or Password.
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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 . Please take the time to familiarize
yourself with this policy.
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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 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 contained in the Dispute Policy. For
any dispute, you agree to submit to the jurisdiction of the courts of The
Province of Ontario.
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ICANN POLICY.
You agree that your registration of the SLD name
shall be subject to suspension, cancellation, or transfer pursuant to any
ICANN-adopted policy, or pursuant to any registrar or registry procedure not
inconsistent with an ICANN-adopted policy,
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to correct mistakes by Registrar or the Registry in registering the
name or
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for the resolution of disputes concerning the SLD name.
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AGENCY.
Should you intend to license use of a domain name to a
third party you shall nonetheless be the SLD 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 SLD. You shall accept liability for harm caused
by wrongful use of the SLD, unless you promptly disclose the identity of the
licensee to the party providing you reasonable evidence of actionable harm.
You also represent that you have provided notice of the terms and conditions
in this Agreement to the third party and that the third party agrees to the
terms of Disclosure and Use of Registration Information (sections 18 and 19
of this Agreement).
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ANNOUNCEMENTS.
We and the RSP 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.
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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). We and our contractors 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:
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loss or liability resulting from access delays or access
interruptions;
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loss or liability resulting from data non-delivery or data mis-delivery;
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loss or liability resulting from acts of God;
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loss or liability resulting from the unauthorized use or misuse of
your account identifier or password;
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loss or liability resulting from errors, omissions, or misstatements
in any and all information or services(s) provided under this Agreement;
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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.
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INDEMNITY.
You agree to release, indemnify, and hold us, our
contractors, agents, employees, officers, directors and affiliates harmless
from all liabilities, claims and expenses, including without limitation
Network Solutions, Inc., and the directors, officers, employees and agents
of each of them, 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 with your computer, 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 may be considered by us to be a breach of your Agreement and may
result in deactivation of your domain name.
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TRANSFER OF OWNERSHIP.
The person named as administrative contact
at the time the controlling 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.
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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.
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NO GUARANTY.
You agree that, by registration or reservation of your
chosen domain name, such registration or reservation does not confer
immunity from objection to either the registration, reservation, or use of
the domain name.
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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.
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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:
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Your name and postal address (or, if different, that of the domain
name holder);
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The domain name being registered
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The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the administrative contact for the
domain name.
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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 such that we
can continue to improve the products and services offered to you through
your RSP.
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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 ICANN and applicable laws may require or permit. 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 the applicable laws.
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.
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 access or disclosure,
alteration or destruction of that information.
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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 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 SLD registration.
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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 within thirty (30) calendar days from receipt of your payment
for such 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.
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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.
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NON-AGENCY.
Nothing contained in this Agreement or the Dispute
Policy shall be construed as creating any agency, partnership, or other form
of joint enterprise between the parties.
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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.
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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 have been given when an electronic confirmation of delivery has
been obtained by the sender. In the case of e-mail notification to us or to
the RSP to lhutz@tucows.com or [Insert E-mail Address for RSP ] or, in the
case of notice to you, at 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 the RSP shall be sent to:
TUCOWS.com Inc.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
Canada
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Efliers.net
PO Box 5103
Bakersfield, CA 93388
and in the case of notification to you shall be to the address specified
in the "Administrative Contact" in your WHOIS record.
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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.
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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.
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INFANCY.
You attest that you are of legal age to enter into this
Agreement.
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ACCEPTANCE OF AGREEMENT.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY
EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY
REPRESENTATION AGREEMENT., GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN
THIS AGREEMENT.
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July 19, 2008
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