Schedule A
IP Claim Service
Terms Of Use
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN TUCOWS, INC. ("REGISTRAR")
AND YOU, THE OWNER OF A REGISTERED OR COMMON LAW TRADEMARK
OR SERVICE MARK ("OWNER") OR THE DULY AUTHORIZED
AGENT OF AN OWNER ("AGENT") (COLLECTIVELY, "YOU").THESE
TERMS OF USE ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE
TERMS OF USE REGARDING USE OF THE REGISTRAR'S INTELLECTUAL
PROPERTY CLAIM SERVICE (THE "SERVICE").
BY SELECTING "I AGREE," BY
USING THE SERVICE OR BY SIGNIFYING ACCEPTANCE IN ANY OTHER
WAY, YOU AGREE TO BE
BOUND BY THESE TERMS OF USE.IF YOU DO NOT AGREE WITH ALL OF
THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE SERVICE
AND YOU MUST DISCONTINUE ANY FURTHER USE.
The Service.
Registrar provides the Service to holders of both registered and common law
trademarks or service marks (collectively "Trademarks").During the
domain name application process, applicants for a .biz domain name ("Applicants")
will be notified of an Owner's alleged intellectual property rights in a Trademark
if the domain name contained in the domain name application is an exact match
of the Trademark identified in an IP Claim (as defined below) submitted by
Owner.You may review frequently asked questions regarding the Service by reviewing
our FAQs.
Registration, Password and Security.
You must provide accurate, complete and current registration information and
must update this information promptly if it changes.
You represent and warrant that You are at least eighteen (18) years of age
or older and are either an Owner or an Agent duly authorized to represent an
Owner(s) in connection with the Service and submitting an IP Claim on behalf
of an Owner(s).Agent will indemnify and hold harmless Registrar and its officers,
directors, employees, agents, affiliates and subcontractors for any claims
brought by Owner or Third Parties relating to the use of the Service.
License to Use Data / Privacy.
By submitting an IP Claim, You hereby grant Registrar, as well as any of its
agents or subcontractors, a limited, royalty-free, non-exclusive worldwide
license to use all of the data contained in the IP Claim solely for the purposes
of implementing the Service, processing Your IP Claim, notifying Applicants
of Your IP Claim, and for notifying You of changes to the Service, for archival
purposes.
The IP Claim Process.
In order to submit a claim with respect to a Trademark or Trademarks ("IP
Claim") through the Service, You must complete an IP Claim form for each
Trademark.For each IP Claim, You must submit complete contact information,
representative contact information and notification details, and the details
regarding the Trademark.You may specify in the representative field that an
Agent may receive legal correspondence regarding the IP Claim.Once You have
submitted an IP Claim, you will receive a confirmation email and a claim number.You
must retain the claim number for each IP Claim You submit.
Registrar will accept IP Claims until July 9, 2001, or such
later date as it may determine in its sole discretion ("Close
of Phase I") and no IP Claims will be accepted after that
date.
From the Close of Phase I until September 25, 2001 ("Phase
2"), or such other later date as Registrar may choose,
in its sole discretion, the domain name applications from ICANN-approved
registrars ("Applications") will be compared with
the database of IP Claims processed through the Service ("IP
Claim Database").For each exact match between an IP Claim
in the IP Claim Database and a domain name application, the
Registry Operator for .Biz ("Registry Operator")
will notify the Applicant that a third party or third parties
have submitted an IP Claim for the exact Trademark.The email
notification to the Applicant will include, among other things,
the information provided by Owner in the IP Claim, instructions
on how to proceed with the registration process, and that if
selected during the randomized name selection phase ("Name
Selection Phase"), the domain name will be placed on a
temporary thirty (30) day hold when the Registry goes "live."The
Applicant will have the option to proceed with the Application
or cancel the Application.If the Applicant does not respond
to the email notification, or elects to cancel the Application,
the Applicant's domain name application will not be processed
during the Name Selection Phase.If the Applicant chooses to
proceed with the registration process and the name is selected
during the Name Selection Phase, that domain name automatically
will be placed on a thirty (30) day "hold period" when
the name is registered.
After Name Selection, the Owner will be notified by Registry
Operator if an Applicant has successfully registered the domain
name.The Owner will then have the option of contacting the
Applicant and finding a solution or using the guidelines set
forth by a special dispute resolution process called the Start-up
Trademark Opposition Policy ("STOP")(formerly referred
to as the Start-up Dispute Resolution Policy or "SUDRP")
("information available at http://www.neulevel.com/countdown/stop.html,
or the Uniform Domain-Name Dispute Resolution Procedures ("UDRP")
(information is available at http://www.icann.org/udrp/udrp-policy-24oct99.htm).
You will not be notified if there are no Applications that
exactly match an IP Claim You submitted in the IP Claim Database.
USE OF THE SERVICE DOES NOT GUARANTEE THAT AN OWNER WILL BE
AWARDED THE .BIZ EXTENSION FOR ITS TRADEMARK.AN OWNER THAT
WISHES TO OBTAIN A .BIZ EXTENSION FOR ITS TRADEMARK MUST FILE
A DOMAIN NAME APPLICATION.
DOMAIN NAME APPLICANTS WILL ONLY BE NOTIFIED OF APPLICATIONS
THAT ARE EXACT MATCHES WITH A TRADEMARK IDENTIFIED IN AN IP
CLAIM FORM.REGISTRAR WILL NOT VERIFY WHETHER A TRADEMARK CLAIMED
ON AN IP CLAIM FORM CORRESPONDS WITH AN ACTUAL, LEGAL OR VALID
TRADEMARK, NOR WILL REGISTRAR PROVIDE ANY LEGAL OVERSIGHT OR
ADJUDICATION FOR ANY DISPUTED INTELLECTUAL PROPERTY IMPLICATED
BY THE SERVICE.
Conduct.
You may access and use the Service for lawful purposes only and you are solely
responsible for the knowledge and adherence to any and all laws, statutes,
rules and regulations pertaining to Your use of the Service.You agree that
You will not (i)use the Service to commit a criminal offence or to encourage
conduct that would constitute a criminal offence or give rise to a civil liability,
or otherwise violate any local state, Federal or international law or regulation;
(ii)upload or otherwise transmit any content that You do not have a right to
transmit under any law or contractual or fiduciary duty; (iii)interfere or
infringe with any trademark or proprietary rights of any other party; (iv)interfere
with the ability of other users to access or use the Service; (v)claim a relationship
with or to speak for any individual, business, association, institution or
other organisation for which You are not authorized to claim such a relationship;
(vi)interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service; or (vii)reproduce, duplicate, copy, use,
distribute, sell, resell or otherwise exploit for any commercial purposes any
portion of the Service.
Fees.
As consideration for the Service, You agree to pay Registrar, or its agents
or subcontractors, as the case may be, an IP Claim fee for each IP Claim submitted
through the Service by credit card through its online payment system.Such fee
shall be due immediately and is non-refundable.Registrar, or its agents or
subcontractors, may take all remedies to collect fees owed.Registrar, or its
agents or subcontractors may require you to submit and pay for each IP Claim
individually or it may allow you store up a certain number of IP Claims before
submitting them for processing.Once you have stored that number of IP Claims,
you may not be able to store any additional IP Claims and may need to submit
them for processing and pay the applicable fee before obtaining additional
storage space.No refunds are permitted.
Agents.
You agree that, if Your agent (e.g., an attorney, employee, etc.) submits an
IP Claim on Your behalf, You are nonetheless bound as a principal by all Terms
of Use herein. Your continued use of the Services shall ratify any unauthorized
actions of Your agent. By acting on Your behalf, Your agent certifies that
he or she is authorized to use the Service on Your behalf, that he or she is
authorized to bind You to these Terms of Use and that he or she has apprised
You of these Terms of Use of this Agreement.In addition, You are responsible
for any errors made by Your agent.Registrar will not refund fees paid by You
or Your agent on Your behalf for any reason, including, but not limited to,
in the event that Your agent fails to comply with these Terms of Use, Your
agent incorrectly provides information in the IP Claim process or if Your agent
changes or otherwise modifies Your IP Claim incorrectly.
Copyright.
You acknowledge that the Service, any underlying technology used in connection
with the Service, and all software, material, information, communications,
text, graphics, links, electronic art, animations, audio, video, photos, and
other data (collectively, the "Content") available within the Service
are provided by Registrar or third-party providers and are the copyrighted
works of Registrar and/or such third parties.Except as expressly authorized
by Registrar or such third parties in these Terms of Use or as may be posted
on the Service, You may not copy, reproduce, publish, distribute, modify, create
derivative works of, rent, lease, sell, transfer, display, transmit, compile
or collect in a database, or in any manner commercially exploit any part of
the Content or the Service, in whole or in part.You may not store any significant
portion of any Content or the Service owned by, or licensed to Registrar in
any form, whether archival files, computer-readable files, or any other medium.You
also may not "mirror" any Content or the Service on any other server.
Registrar encourages you to download and print a reasonable
number of copies of an IP Claim for non-commercial, internal
use only; provided that (i)any permitted copies contain, in
unmodified form, any copyright or other proprietary rights
notices and an original source attribution to the Service;
and (ii)no modifications are made except as may be expressly
provided by Registrar.
Links.
Some links on the Service lead to sites posted by independent site owners.Because
Registrar has no control over these sites, it cannot be responsible for such
sites' accessibility via the Internet and does not endorse products, services,
or information provided by such sites.As such, Registrar shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with, use or reliance on any content, goods
or services available on or through any other site.Further, the inclusion of
these links does not imply that the other sites have given permission for inclusion
of these links, or that there is any relationship between Registrar and the
linked sites.
Disclaimer of Warranty, Limitation of Liability.
YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK.NEITHER
REGISTRAR NOR ITS PARENTS, SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS,
EMPLOYEES, AFFILIATES, AGENTS OR SUBCONTRACTORS WARRANT THAT THE SERVICE WILL
BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY,
OR CONTENT WITHIN THE SERVICE.
THE SERVICE IS
PROVIDED ON AN "AS IS, "AS AVAILABLE" BASIS
WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT.
IN NO EVENT WILL REGISTRAR NOR ITS PARENTS, SUBSIDIARIES,
SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES,
AGENTS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES
(EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING
OUT YOUR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE,
INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED
PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES
THAT RESULT FROM MISTAKES, INACCURATELY ENTERED DATA, UNAUTHORIZED
USE, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION,
OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS
OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED
ACCESS TO INSTITUTIONS RECORDS, PROGRAMS OR SERVICES.YOU AGREE
THAT THE FOREGOING LIMITATIONS OF LIABILITY REPRESENT A REASONABLE
ALLOCATION OF RISK.
IN NO EVENT, SHALL REGISTRAR BE LIABLE TO YOU FOR ANY AMOUNT
EXCEEDING THE AMOUNT OF FEES PAID BY YOU FOR THE APPLICABLE
IP CLAIM.
Indemnification.
You agree to indemnify and hold harmless Registrar and its parents, subsidiaries,
shareholders, members, officers, directors, employees, affiliates, agents and
subcontractors from any claim or demand, including reasonable attorney's fees
made by any third party due to or arising out of Your use of the Service, your
breach of these Terms of Use, any Content submitted to the Service, or any
disputes involving the intellectual property rights of the Trademarks.
Modifications to the Service.
Registrar reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice.You agree that Registrar will not be liable to You or
to any third party for any modification, suspension, or discontinuation of
the Services.
Termination.
You may discontinue Your participation in and access to the Service at any
time.These Terms of Use will continue to apply to all past use of the Service
by You,
even if You are no longer using the Service.You acknowledge and agree that
Registrar may terminate or block Your use of all or part of the Service without
prior notice for any reason, including, without limitation, if Registrar believes
You have engaged in conduct prohibited by these Terms of Use.You agree that
upon termination or discontinuance for any reason, may delete all information
related to You on the Service and may bar Your access to and use of the Service.
Governing Law.
These Terms of Use shall be governed by and construed in accordance with the
laws of the Province of Ontario, without regard to its principles of conflicts
of law.
Changes to the Terms of Use.
Registrar reserves the right to modify the Terms of Use at any time and from
time to time.Any modifications shall be effective upon the posting of the modified
Terms of Use at http://ipclaims.neulevel.com/legal/conditions.php.You agree
to review these Terms of Use periodically so that You are aware of any modifications.Your
continued use of the Service shall be deemed Your acceptance of the modified
Terms of Use.
Severability.
In the event that any provision of these Terms of Use shall be unenforceable
or invalid under any applicable law or be so held by applicable court decision,
such unenforceability or invalidity shall not render this Agreement unenforceable
or invalid as a whole, and, in such event, such provision shall be changed
and interpreted so as to best accomplish the objectives of such provision within
the limits of applicable law or applicable court decision.
Third Party Beneficiary.
Registry Operator ("NeuLevel") is an intended third party beneficiary
of these Term and Conditions with rights to enforce these Terms of Use.You
will cooperate in good faith with NeuLevel or Registrar in investigating instances
of non-compliance with these Terms of Use, if NeuLevel or Registrar believes
in good faith that you are not in compliance with these Terms of Use.
Subcontractors.
In the course of providing the IP Claim Service, Registrar may retain independent
contractors or assign or subcontract to or otherwise have any third party perform
any or all of the IP Claim Service at any time, provided that Registrar shall
continue to remain responsible for full performance of any such duties to the
same extent as if it had performed the IP Claim Service itself.
Entire Agreement.
These Terms of Use completely and exclusively state the agreement of the parties
regarding the subject matter, and supersede all prior agreements and understandings,
whether written or oral, with respect to the subject matter of these Terms
of Use.
Modifications to your Account.
In order to change any of your account information with Registrar, you must
use the Account Identifier and Password selected when you opened your account
with Registrar.You agree to safeguard your Account Identifier and Password
from any unauthorized use.In no event shall Registrar be liable for the unauthorized
use or misuse of your Account Identifier or Password.
Breach.
You agree that failure to abide by an provision of this Agreement, any operating
rule or policy or the Dispute Policy provided by Registrar, may be considered
by Registrar to be a material breach and that Registrar 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 Registrar, that you have not breached your obligations under
the Agreement, then Registrar may delete the registration or reservation of
your domain name.Any such breach by you shall not be deemed to be excused simply
because Registrar did not act earlier in response to that, or any other breach
by you.
No Guarantee.
You acknowledge that reservation of your IP Claim name does not confer immunity
from objection to either the registration, reservation, or use of the domain
name.
Right of Refusal.
Registrar, in its sole discretion, reserves the right to refuse to register
or reserve your IP Claim name or register you for other services.You agree
that Registrar shall not be liable to you for loss or damages that may result
from its refusal to register, reserve or delete your IP Claim. Registrar reserves
the right to delete or transfer your IP Claim within a thirty (30) day period
following receipt of the application if it believes the IP Claim has been made
possible by a mistake, made either by Registrar or by a third party. |
OpenSRS
.info - Schedule A