SCHEDULE A
Form of Registration Agreement
AGREEMENT.
In this Registration Agreement ("Agreement") "you" and "your" refer
to the registrant of each domain name registration, "we", "us" and "our" refer
to TUCOWS Inc. and "Services" refers to the domain name registration
provided by us as offered through ("RSP"). This Agreement explains
our obligations to you, and explains your obligations to us for various Services.
If you are registering your name during the finite period of time when owners
of trademarks and service marks issued prior to October 2, 2000 and having
national effect will have the exclusive opportunity to register identical domain
names ("Sunrise Period"), you agree to comply with the procedures,
terms and obligations. You acknowledge and agree that registrations for domain
names during the Sunrise Period will only be accepted for a minimum registration
term of five (5) years.
SELECTION OF A DOMAIN NAME.
You represent that, to the best of the your knowledge and belief, neither this
registration of a domain name nor the manner in which it is directly or indirectly
to be used infringes upon the legal rights of a third party and, further, that
the domain name is not being registered for nor shall it at any time whatsoever
be used for any unlawful purpose whatsoever.
FEES.
As consideration for the Services you have selected, you agree to pay the RSP
the applicable service 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"). By submitting this Agreement,
you represent that the statements in your Application are true, complete and
accurate.
TERM.
This Agreement shall remain in full force during the length of the term of
your domain name registration(s) 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
shall be extended accordingly. Should the domain name be transferred to another
Registrar, the terms and conditions of this contract shall cease.
MODIFICATIONS TO AGREEMENT.
You agree that we may: (1) revise the terms and conditions of this Agreement;
and (2) change the services provided under this Agreement. You agree to be
bound by any such revision or change will which shall be effective immediately
upon posting on our web site or upon notification to you by e-mail or your
country's postal service pursuant to the Notices section of this Agreement.
You agree to review this Agreement as posted on our web site periodically to
maintain an awareness of any and all 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 postal service pursuant to the Notices
section of this Agreement. Notice of your termination shall be effective after
processing by us. You agree that, by continuing the use of Services following
notice of any revision to this Agreement or change in service(s), you shall
be bound by any such revisions and changes. If you have registered your name
during the Sunrise Period, you agree to be bound by the Sunrise Dispute Resolution
Policy ("Sunrise Dispute Policy") found at (http://www.afilias.com/faq/sunrise-challenge.html).
You further agree to be bound by the ICANN Uniform Dispute Resolution Policy
("Dispute Policy") as presently written and posted on http://www.opensrs.org/legal/udrp.shtml
and as shall be amended from time to time. 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. You agree to safeguard your Account Identifier and Password from any
unauthorized use. In no event shall 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 Policies
that are incorporated herein and made a part of this Agreement by reference.
The current version of the general registration Dispute Policy may be found
at http://www.opensrs.org/legal/udrp.shtml. 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 Sunrise
Dispute Policy or the Dispute Policy, as applicable. 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
Sunrise Dispute Policy or Dispute Policy, as applicable.
POLICY.
You agree that your registration of the domain name shall be subject to suspension,
cancellation, or transfer pursuant to a Tucows, Registry Operator, ICANN or
government-adopted policy, or pursuant to any registrar or registry procedure
not inconsistent with a Tucows, Registry Operator, ICANN or government-adopted
policy, (1) to correct mistakes by us 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 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 domain
name. You shall accept liability for harm caused by wrongful use of the domain
name. You represent that you have provided notice of the terms and conditions
in this Agreement to a third party licensee and that the third party agrees
to the terms hereof.
ANNOUNCEMENTS.
We 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). Neither we nor
our contractors or third party beneficiaries shall 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 miss-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.
INDEMNITY.
You agree to release, indemnify, and hold us, our contractors, agents, employees,
officers, directors, affiliates and third party beneficiaries harmless from
all liabilities, claims and expenses, 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 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 shall be a breach of your Agreement
and may result in deactivation of your domain name.
TRANSFER OF OWNERSHIP.
The person named as registrant at the time the 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. You acknowledge
that you will not be entitled to change registrars during the first sixty (60)
days following the registration of your domain name.
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.
NO GUARANTEE.
You acknowledge that registration or reservation of your chosen domain name
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:
(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
for the purpose of improving 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 ICANN, to the registry administrators, and to other
third parties as applicable. 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 applicable laws.
You hereby consent to any and all such disclosures and 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 your failure to respond
for over fifteen (15) 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.
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. 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.
We reserve the right to delete or transfer your domain name
within a thirty (30) day period following registration if we
believe the registration has been made possible by a mistake,
made either by us or by a third party. We also reserve the
right to suspend a domain name during resolution of any dispute.
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 Policies 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 postal service. 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, notifications must be sent to us at support4@getonline.co.uk
, or in the case of notification to you, to 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. GMT, 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 RSP shall be sent to:
Our Address:
Get Online Ltd
Unit 12
Adlington Park
Adlington
Macclesfield
Cheshire
SK10 4PZ
Attention: Legal Affairs
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.
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.
|
OpenSRS
- Form of Registration Agreement - Schedule A