.info
agreement
| .biz Agreement
| .ca Agreement | .com,.net,
.org Agreement
Domain Registration
Agreement
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1. AGREEMENT.
In this Registration Agreement ("Agreement") "you"
and "your" refer to each customer, "we", us" and "our"
refer to TUCOWS.com Inc. and "Services" refers to
the domain name registration provided by us as offered
through OSMnic.com and OSM Graphics, the Registration
Service Provider ("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, to the best
of the your knowledge and belief, neither the registration
of the SLD name nor the manner in which it is directly
or indirectly used infringes the legal rights of a
third party and that the Domain Name is not being
registered for any unlawful purpose.
3. FEES.
As consideration for the services you have selected,
you agree to pay to us, or your repective RSP who
remits payment to us on your behalf, 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"). You, by completing
and submitting this Agreement represent that the statements
in your application are true.
4. TERM.
You agree that the Registration Agreement will remain
in full force during the length of the term of your
Domain Name Registration. Should you choose to renew
or otherwise lengthen the term of your Domain Name
Registration, then the term of this Registration Agreement
will be extended accordingly. This Agreement will
remain in full force during the length of the term
of your Domain Name Registration 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 will be extended accordingly.
Should you transfer your domain name or should the
domain name otherwise be transferred due to another
Registrar, the terms and conditions of this contract
shall cease and shall be replaced by the contractual
terms in force for the purpose of registering domain
names then in force between SLD holders and the new
Registrar.
5. MODIFICATIONS
TO AGREEMENT. You agree, during the period of this
Agreement, that we may: (1) revise the terms and conditions
of this Agreement; and (2) change the services provided
under this Agreement. Any such revision or change
will be binding and effective immediately on posting
of the revised Agreement or change to the service(s)
on our web site, or on notification to you by e-mail
or regular mail as per the Notices section of this
agreement. You agree to review our web site, including
the Agreement, periodically to be aware of any 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
regular mail as per the Notices section of this agreement.
Notice of your termination will be effective on receipt
and processing by us. You agree that, by continuing
to use the Services following notice of any revision
to this Agreement or change in service(s), you shall
abide by any such revisions or changes. You further
agree to abide by the ICANN Uniform Dispute Resolution
Policy ("Dispute Policy") as amended from time to
time. You agree that, by maintaining the reservation
or registration of your domain name after modifications
to the Dispute Policy become effective, you have agreed
to these modifications. 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. Please safeguard your Account Identifier
and Password from any unauthorized use. In no event
will 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 which 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.osmnic.com/dispute.html.
Please take the time to familiarize yourself with
this policy.
8. DOMAIN
NAME DISPUTES. You agree that, if the registration
or reservation of your domain name is challenged by
a third party, you will be subject to the provisions
specified in the Dispute Policy in effect at the time
of the dispute. You agree that in the event a domain
name dispute arises with any third party, you will
indemnify and hold us harmless pursuant to the terms
and conditions contained in the Dispute Policy. For
any dispute, you agree to submit to the jurisdiction
of the courts of The Province of Ontario.
9. ICANN
POLICY. You agree that your registration of the SLD
name shall be subject to suspension, cancellation,
or transfer pursuant to any ICANN-adopted policy,
or pursuant to any registrar or registry procedure
not inconsistent with an ICANN-adopted policy, (1)
to correct mistakes by Registrar or the Registry in
registering the name or (2) for the resolution of
disputes concerning the SLD name.
10. AGENCY.
Should you intend to license use of a domain name
to a third party you shall nonetheless be the SLD
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 SLD. You shall accept liability for harm
caused by wrongful use of the SLD, unless you promptly
disclose the identity of the licensee to the party
providing you reasonable evidence of actionable harm.
You also represent that you have provided notice of
the terms and conditions in this Agreement to the
third party and that the third party agrees to the
terms of Disclosure and Use of Registration Information
(sections 18 and 19 of this Agreement).
11. ANNOUNCEMENTS.
We and the RSP reserve the right to distribute information
to you that is pertinent to the quality or operation
of our services and those of our service partners.
These announcements will be predominately informative
in nature and may include notices describing changes,
upgrades, new products or other information to add
security or to enhance your identity on the Internet.
12. 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). We and our contractors shall
not 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 states do not allow the exclusion or limitation
of liability for consequential or incidental damages,
in such states, 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 mis-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.
13. INDEMNITY.
You agree to release, indemnify, and hold us, our
contractors, agents, employees,officers, directors
and affiliates harmless from all liabilities, claims
and expenses, including without limitation Network
Solutions, Inc., and the directors, officers, employees
and agents of each of them, 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
with your computer, 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 may be considered by us to be a breach
of your Agreement and may result in deactivation of
your domain name.
14. TRANSFER
OF OWNERSHIP. The person named as administrative contact
at the time the controlling user name and password
are secured shall be the owner of the domain name.
You agree that prior to transferring ownership of
your domain name to another person (the Transferee")
you shall require the Transferee to agree, in writing
to be bound by all the terms and conditions of this
Agreement. Your domain name will not be transferred
until we receive such written assurances or other
reasonable assurance that the Transferee has been
bound by the contractual terms of this Agreement (such
reasonable assurance as determined by us in our sole
discretion) along with the applicable transfer fee.
If the Transferee fails to be bound in a reasonable
fashion (as determine by us in our sole discretion)
to the terms and conditions in this Agreement, any
such transfer will be null and void.
15. 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.
16. NO
GUARANTY. You agree that, by registration or reservation
of your chosen domain name, such registration or reservation
does not confer immunity from objection to either
the registration, reservation, or use of the domain
name.
17. 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.
18. 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 such that we can continue to improve
the products and services offered to you through your
RSP.
19. 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 ICANN and applicable laws may require or permit.
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 the applicable
laws.
You hereby
consent to any and all such disclosures and use of,
and guidelines, limits and restrictions on disclosure
or 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.
20. REVOCATION.
Your willful provision of inaccurate or unreliable
information, your willful failure promptly to update
information provided to us, or your failure to respond
for over fifteen 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 SLD registration.
21. RIGHT
OF REFUSAL. We, in our sole discretion, reserve the
right to refuse to register or reserve your chosen
domain name or register you for other Services within
thirty (30) calendar days from receipt of your payment
for such 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.
22. 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.
23. NON-AGENCY.
Nothing contained in this Agreement or the Dispute
Policy shall be construed as creating any agency,
partnership, or other form of joint enterprise between
the parties.
24. 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.
25. 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 regular mail. 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 notification to us or to the RSP to
lhutz@tucows.com
or info@osmnic.com
or, in the case of notice to you, at 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 the RSP shall be sent to:
TUCOWS.com
Inc.
Registrant Affairs
Office
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
- OR
-
OSMnic.com
OSM Graphics
158 Boundary Rd.
Roslin, Ontario
K0K 2Y0
and in
the case of notification to you shall be to the address
specified in the "Administrative Contact" in your
WHOIS record.
26. 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.
27. 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.
28. INFANCY.
You attest that you are of legal age to enter into
this Agreement.
29. 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.
