Domain Registration Agreement - .com, .net, .org.
1. 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
Cambridge Communications, the Registration Service Provider
("RSP"). This Agreement explains our obligations to
you, and explains your obligations to us for various Services.
2. 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.
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 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"). You, by completing and submitting
this Agreement represent that the statements in your application
4. 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.
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 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.
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 RENEWALS. Telligent Corporation
will send several renewal notices well in advance before the
expiry date. It is your responsibility to keep your contact
email address current. We will notify you only by email. You
have the responsibility of logging into your account and manually
implementing the renewal by the expiration date (should you
in fact want the domain name to be renewed). In case, if you
fail to implement the renewal in a timely fashion the domain
name will be cancelled and you will no longer have use of that
name. You agree that Telligent Corporation will not be responsible
for cancelled or expired domain names that you fail to renew.
If you renew a domain after the expiry date, there will be an
additional charge of $10 US or $15 CDN per domain.
8. 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.
9. 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.
10. 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, (1) to correct mistakes by Registrar
or the Registry in registering the name or (2) for the resolution
of disputes concerning the SLD name.
11. 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).
12. 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.
13. 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: (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. In no event shall our maximum liability
exceed five hundred ($500.00) dollars.
14. 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.
15. 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.
16. 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
17. 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.
18. 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
19. 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.
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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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
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:
Registrant Affairs Office
96 Mowat Avenue
- OR -
Suite 275, 3553 - 31 ST
and in the case of notification to you shall be to the address
specified in the "Administrative Contact" in your
27. 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.
28. 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.
29. INFANCY. You attest that you are of legal
age to enter into this Agreement.
30. 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.
Copyright � 2001-2002 Telligent Corporation.
All Rights Reserved