APPENDIX A
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 [insert RSPname] and/or TUCOWS you accordingly
agree as follows:
- 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 SaskNow Technologies, the Registration Service Provider
(RSP). CIRA shall refer to the entity granted the exclusive right
to administer the registry for .ca domain name registrations.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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).
- 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.
- 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.
- 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. This indemnification obligation will survive the termination or
expiration of this Agreement.
- TRANSFER OF OWNERSHIP. Any transfer of ownership in and to a
domain name registration shall be affected in accordance with CIRA policies and
procedures.
- 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.
- 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.
- 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:
- Your name and postal address (or, if different, that of the
domain name holder);
- The domain name being registered;
- The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the administrative contact for the domain name;
- The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the billing contact for the domain name.
- 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.
- 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
- 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
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.
- 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.
- 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 Policy 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 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 Co
Registrant Affairs Office
96
Mowat Avenue
Toronto, Ontario
M6K 3M1
OR -
[Insert RSP
address]
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.
- INCONSISTENCIES WITH CIRA. In the event that this Agreement
may be inconsistent with any term, condition , policy or procedure of CIRA, the
term, condition, policy or procedure of CIRA shall prevail.
- FOREIGN LANGUAGE: Controlling Language. In the event that
you are reading this agreement in a language other than the English language,
you acknowledge and agree that the English language version hereof shall
prevail in case of inconsistency or contradiction in interpretation or
translation.
- 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.