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".biz" Registration Policy
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.
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
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SCHEDULE B
Form of Registration Agreement
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. MODIFICATIONS TO YOUR ACCOUNT
In order to change any of your account information with us, you must use
your Account Identifier and Password that you selected when you opened
your account with us. 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.
7. DOMAIN NAME DISPUTE POLICY
If you reserved or registered a domain name through us, or transferred
a domain name to us from another registrar, you agree to be bound by the
Dispute Policy 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. INFANCY
You attest that you are of legal age to enter into this Agreement.
27. 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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