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. Registrarprovides 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 organization 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.
I AGREE
I DO NOT AGREE
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.
he 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 lhutz@tucows.com,
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:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
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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