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 Mecca Internet Solutions Ltd.,
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 are true.
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 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 http://www.opensrs.org/legal/udrp.shtml.
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. For any
dispute, you agree to submit to the jurisdiction of the courts
of The Province of Ontario.
9. 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.
10. 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).
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 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.
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 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.
14. 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.
15. 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.
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.
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.
19. 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.
20. 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.
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.
25. 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 admin@i-mecca.net 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
- OR -
Mecca Internet Solutions Ltd.
Public Administration
PO Box 27527
Oakridge Postal Outlet
Vancouver, British Columbia
V5Z 4M4
and in the case of notification to you shall be to the
address specified in the "Administrative Contact" in
your WHOIS
record.
26. 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.
27. 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.
28. INFANCY. You attest that you are of legal age to enter
into this Agreement.
29. 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.