Registration
Agreement
In
order that a party may hold a valid
.ca domain name registration, TUCOWS,
requires that all registrants adhere to
certain terms and conditions.
As an organization or individual
applying to register, transfer or renew an .ca
domain name via the agency of International
Business Registrar, Inc. and/or TUCOWS you
accordingly agree as follows:
1.
AGREEMENT.
In this Registration Agreement
("Agreement") ,
"we", us" and
"our" refer to TUCOWS Inc.
and “Services” refers to the domain name
registration, transfer or renewal services
provided by us as offered through International
Business Registrar, Inc., the Registration
Service Provider (“RSP”). CIRA shall refer
to the entity granted the exclusive right to
administer the registry for .ca domain name
registrations.
2.
SELECTION OF A DOMAIN NAME. 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 used infringes the
legal rights of a third party and that the
domain name is not being registered for any
unlawful purpose.
3.
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
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").
You, by completing and submitting
this Agreement represent that the
statements in your application are true.
4.
TERM. You agree that this Agreement
will remain in full force during the
term of your domain name registration
as selected, recorded, and paid for upon
registration of the domain name.
Should you choose to renew
the term of your domain name
registration, then the term of this Agreement
will be extended accordingly.
Should you transfer your domain name or
should the domain name otherwise be
transferred to another Registrar, the terms
and conditions of this contract shall cease
and shall be replaced by the contractual terms
in force between domain name registrants and
the new Registrar.
5.
MODIFICATIONS TO AGREEMENT. You agree,
during the period of this Agreement, that we
may: (1) revise the terms and conditions of
this Agreement; and (2) 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 CIRA 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.
6.
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.
7.
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 the CIRA
website. Please take the time to
familiarize yourself with this policy.
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 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.
9.
CIRA POLICY. You agree that your
registration of the domain
name shall be subject to suspension,
cancellation, or transfer pursuant to any CIRA-adopted
policy, or pursuant to any registrar or
registry procedure not inconsistent with an
CIRA-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.
10.
AGENCY. Should you intend to license
use of a domain name to a third party you
shall nonetheless be the domain name
registrant 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 thedomain name. 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).
11.
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.
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 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 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 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 us, our contractors,
agents, employees,officers, directors and
affiliates harmless from all liabilities,
claims and expenses,
including attorney's fees, from claims
by third parties, including but not limited to
the RSP and CIRA 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 CIRA 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.
14.
TRANSFER
OF OWNERSHIP.
Any transfer of ownership in and to a
domain name registration shall be affected in
accordance with CIRA policies and procedures.
15.
BREACH. You agree that failure to abide
by any provision of this Agreement, any
operating rule or policy or the Dispute
Policy, 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.
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.
17.
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.
18.
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 name and postal address (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 and fax (if available)
telephone numbers of the administrative
contact for the domain name;
(iv)
The name, postal address, e-mail
address, and voice and fax (if available)
telephone numbers of the billing contact for
the domain name.
(v)
The Internet Protocol number of the
primary name server and secondary name
server(s) for each domain name registration
and the corresponding names of those name
servers.
Any
voluntary information we request is collected
such that we can continue to improve the
products and services offered to you through
your RSP.
19.
DISCLOSURE
AND USE OF REGISTRATION INFORMATION. You agree
and acknowledge that we will make domain name
registration information you provide available
to CIRA, to the registry administrators, and
to other third parties as CIRA 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 CIRA 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 accessor
disclosure, alteration or destruction of that
information
20.
REVOCATION. Your willful provision of
inaccurate or unreliable information, your
willful 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 domain
name registration.
21.
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.
22.
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.
23.
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.
24.
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.
