Please carefully read the following
Registration Agreement, which deals with obtaining and using
generic Top Level Domains (gTLDs), such as .com, .net and
.org. When finished, click on the appropriate button at the
bottom of the page.
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 WebTwister, 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 WebTwister, 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.opensrs.org/legal/udrp.shtml.
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 PWebTwister 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 WebTwister.
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 access or disclosure, alteration or destruction
of that information.
20. 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 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
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:
WebTwister
1795 N. Fry Rd. #250
Katy, TX 77449
USA
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.
Last Updated: Thursday, 18-Jan-2001
12:12:24 EST By: Ken Joy
