SCHEDULE B
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.
SELECTION OF A DOMAIN NAME.
You represent that:
(i) the data provided in the domain name registration application
is true, correct, up to date and complete,
(ii) 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;
(iii) that the domain name is not being registered for nor
shall it at any time whatsoever be used for any unlawful purpose
whatsoever
(iv) the registered domain name will be used primarily for
bona fide business or commercial purposes and not (a) exclusively
for personal use, or (b) solely for the purposes of (1) selling,
trading or leasing the domain name for compensation, or (2)
the unsolicited offering to sell, trade or lease the domain
name for compensation;
(v) you have the authority to enter into this Registration
Agreement; and
(vi) the registered domain name is reasonably related to your
business or intended commercial purpose at the time of registration.
FEES. As consideration for
the Services you have selected, you agree to pay the RSP 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"). 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. 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 Policy that 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.
DOMAIN NAME DISPUTES. You acknowledge having read and understood and agree
to be bound by the terms and conditions of the following documents, as they
may be amended from time to time, which are hereby incorporated and made an
integral part of this Agreement:
(i) The Uniform Domain Name Dispute
Resolution Policy ("Dispute
Policy), available at http://www.icann.org/udrp/udrp.htm
(ii) The Start-Up Dispute Resolution
Policy ("SUDRP"),
available at http://www.neulevel.com/countdown/stop.html and
(iii) The Restrictions Dispute Resolution
Criteria and Rules ("RDRP"), available at http://www.neulevel.com/
;
(collectively, "Dispute Policies").
The SUDRP sets forth the terms and
conditions in connection with a dispute between a registrant
of a .biz domain name ("Registrant")
with any third party (other than Neulevel, Inc. ("Registry
Operator") or Tucows over the registration or use of a
.biz domain name registered by you that is subject to the Start-up
Intellectual Property Notification Service ("SIPNS").
SIPNS is a service introduced by Registry Operator to notify
a trademark or service mark holder ("Claimant") that
a second-level domain name has been registered in which that
Claimant claims intellectual property rights. In accordance
with the SUDRP and its associated Rules, those Claimants will
have the right to challenge registrations through independent
ICANN-accredited dispute resolution providers.
The Dispute Policy sets forth the terms and conditions in
connection with a dispute between a Registrant and any party
other than the Registry Operator or Registrar over the registration
and use of an Internet domain name registered by Registrant.
The RDRP sets forth the terms under which any allegation that
a domain name is not used primarily for business or commercial
purposes shall be endorsed on a case-by-case, fact specific
basis by an independent ICANN-accredited dispute provider.
POLICY. You agree that your registration of the domain name shall be subject
to suspension, cancellation, or transfer pursuant to any Tucows, Registry Operator,
ICANN or government-adopted policy, or pursuant to any registrar or registry
procedure not inconsistent with an ICANN or government-adopted policy, (1)
to correct mistakes by us or the applicable 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.
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.
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 GUARANTY. 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, and/or Registry Operator, 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
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 a 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 domains@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. 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 RSP shall be sent
to:
Our address:
Get Online Ltd
Unit 12d
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.
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OpenSRS
- Form of Registration Agreement - Schedule B