SCHEDULE A
Form of Registration
Agreement
1. AGREEMENT. In this
Registration Agreement ("Agreement") "you" and "your" refer to the registrant of
each domain name registration and/or recipient of email forwarding services,
"we", "us" and "our" refer to TUCOWS Inc., "Registry Operator" refers to The
Global Name Registry Ltd. and "Services" refers to the domain name registration
and email forwarding provided by us as offered
through____________________("RSP"). This Agreement explains our obligations to
you, and explains your obligations to us for various Services.
2. .name RESTRICTIONS. Registrations in the .name top-level
domain must constitute an individual's "Personal Name". For purposes of the
.name restrictions (the "Restrictions"), a "Personal Name" is a person's legal
name, or a name by which the person is commonly known. A "name by which a person
is commonly known" includes, without limitation, a pseudonym used by an author
or painter, or a stage name used by a singer or actor.
3.
.name REPRESENTATIONS. As a .name domain name Registrant, you hereby
represent that:
(i) the registered domain name or second level domain
("SLD") email address is your Personal Name.
(ii) the data provided in
the domain name registration application is true, correct, up to date and
complete and that you will continue to keep all of the information provided
correct, current and complete,
(iii) 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;
(iv) that the domain name is not being registered for nor
shall it at any time whatsoever be used for any unlawful purpose whatsoever;
(v) the registration satisfies the Eligibility Requirements found at http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm;
and
(vi) you have the authority to enter into this Registration
Agreement.
4. EMAIL FORWARDING SERVICES.
(i)
The Services for which you have registered may, at your option, include email
forwarding. To the extent you opt to use email forwarding, you are obliged to do
so in accordance with all applicable legislation and are responsible for all use
of email forwarding, including the content of messages sent through email
forwarding.
(ii) You undertake to familiarize yourself with the content
of and to comply with the generally accepted rules for Internet and email usage.
This includes, but is not limited to the Acceptable Use Policy, available at http://www.theglobalname.org/ as well
as the following restrictions. Without prejudice to the foregoing, you undertake
not to use email forwarding:
(a) to encourage, allow or participate in any
form of illegal or unsuitable activity, including but not restricted to the
exchange of threatening, obscene or offensive messages, spreading computer
viruses, breach of copyright and/or proprietary rights or publishing defamatory
material;
(b) to gain illegal access to systems or networks by unauthorized
access to or use of the data in systems or networks, including all attempts at
guessing passwords, checking or testing the vulnerability of a system or network
or breaching the security or access control without the sufficient approval of
the owner of the system or network;
(c) to interrupt data traffic to other
users, servers or networks, including, but not restricted to, mail bombing,
flooding, Denial of Service (DoS) attacks, wilful attempts to overload another
system or other forms of harassment; or
(d) for spamming, which includes,
but is not restricted to, the mass mailing of unsolicited email, junk mail, the
use of distribution lists (mailing lists) which include persons who have not
specifically given their consent to be placed on such distribution list. Users
are not permitted to provide false names or in any other way to pose as somebody
else when using email forwarding.
(iii) Registry Operator reserves the
right to implement additional anti-spam measures, to block spam or mail from
systems with a history of abuse from entering Registry Operator's email
forwarding. However, due to the nature of such systems, which actively block
messages, Registry Operator shall make public any decision to implement such
systems a reasonable time in advance, so as to allow you or us to give feedback
on the decision.
(iv) You understand and agree that Registry Operator
may delete material that does not conform to clause (c) above or that in some
other way constitutes a misuse of email forwarding. You further understand and
agree that Registry Operator is at liberty to block your access to email
forwarding if you use email forwarding in a way that contravenes this Agreement.
You will be given prior warning of discontinuation of the email forwarding
unless it would damage the reputation of Registry Operator or jeopardize the
security of Registry Operator or others to do so. Registry Operator reserves the
right to immediately discontinue email forwarding without notice if the
technical stability of email forwarding is threatened in any way, or if you are
in breach of this Agreement. On discontinuing email forwarding, Registry
Operator is not obliged to store any contents or to forward unsent email to you
or a third party.
(v) You understand and agree that to the extent either
we and/or Registry Operator is required by law to disclose certain information
or material in connection with your email forwarding, either we and/or Registry
Operator will do so in accordance with such requirement and without notice to
you.
5. 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.
6. 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.
7. MODIFICATIONS TO AGREEMENT. You agree
that we may in our sole discretion: (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. We will not refund any fees paid by you
if you terminate your agreement with us.
8. 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. You will not
be able to transfer your domain name during the first sixty (60) days following
registration of the domain name with us. Beginning on the sixty-first (61st) day
following the registration, the policies set forth at: http://www.opensrs.org/dotname_info.shtml
shall apply.
9. 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. In addition, you
hereby acknowledge that you have 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 Eligibility Requirements (the "Eligibility
Requirements"), available at http://www.icann.org.tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(ii) the Eligibility Requirements Dispute Resolution Policy (the
"ERDRP"), available at http://www.icann.org.tlds/agreements/name/registry-agmt-appm-03jul01.htm;
and
(iii) the Uniform Domain Name Dispute Resolution Policy (the
"UDRP"), available at http://www.icann.org.tlds/agreements/name/registry-agmt-appm-03jul01.htm.
The Eligibility Requirements dictate that Personal Name domain names and
Personal Name SLD email addresses will be granted on a first-come, first-served
basis, except for registrations granted as a result of a dispute resolution
proceeding or during the landrush procedures in connection with the opening of
the Registry TLD. The following categories of Personal Name Registrations may be
registered: (i) the Personal Name of an individual; (ii) the Personal Name of a
fictional character, if you have trademark or service make rights in that
character's Personal Name; (iii) in addition to a Personal Name registration,
you may add numeric characters to the beginning or the end of the Personal Name
so as to differentiate it from other Personal Names.
The ERDRP applies
to challenges to (i) registered domain names and SLD email address registrations
within .name on the grounds that a Registrant does not meet the Eligibility
Requirements, and (ii) to Defensive Registrations (as defined by the Registry
Operator) within .name.
The UDRP sets forth the terms and conditions in
connection with a dispute between a Registrant and party other than Global Name
Registry ("Registry Operator") or Registrar over the registration and use of an
Internet domain name registered by a Registrant.
10.
DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that we, in our sole
discretion, may modify our dispute policy. We will post any such revised policy
on our Web site at least thirty (30) calendar days before it becomes effective.
You agree that, by maintaining the reservation or registration of your domain
name or SLD email address 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 modification, you may terminate this Agreement. We will
not refund any fees paid by you if you terminate your Agreement with us.
11. DOMAIN NAME DISPUTES. You agree that, if your use
of our domain name registration services is challenged by a third party, you
will be subject to the provisions specified in our 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 set forth below in this agreement. If we are notified
that a complaint has been filed with a judicial or administrative body regarding
your use of our domain name registration services, you agree not to make any
changes to your domain name record without our prior approval. We may not allow
you to make changes to such domain name record until (i) we are directed to do
so by the judicial or administrative body, or (ii) we receive notification by
you and the other party contesting your registration and use of our domain name
registration services that the dispute has been settled. Furthermore, you agree
that if you are subject to litigation regarding your registration and use of our
domain name registration services, we may deposit control of your domain name
record into the Registry of the judicial body by supplying a party with a
Registrar certificate from us.
12. 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.
13.
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.
14. ANNOUNCEMENTS. We
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.
15.
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.
You agree that neither we nor the Registry Operator
will have any liability of any kind for any loss or liability resulting from (i)
the processing of registration requests prior to live SRS launch, including,
without limitation, your ability or inability to obtain a .name domain name or
SLD email address registration using these processes; or (ii) any dispute over
any .name domain name, SLD email address, Defensive Registration or NameWatch
Registration (as defined by the Registry Operator), including the decision of
any dispute resolution proceeding related to any of the foregoing.
16. INDEMNITY. You agree to release, indemnify, and hold us, the
Registry Operator, 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
out of or relating to the domain name registered 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 both us and
the Registry Operator harmless pursuant to the terms and conditions contained in
the Dispute Policies. 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. This indemnification obligation will
survive the termination or expiration of this Agreement.
17. TRANSFER OF OWNERSHIP. The person named as registrant on the
WHOIS shall be the registered name holder. The person named as administrative
contact at the time the controlling user name and password are secured shall be
deemed the designate of the registrant with the authority to manage 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. You acknowledge that you will not be entitled to change registrars
during the first sixty (60) days following the registration of your domain name.
18. 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 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.
19. 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.
20. 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.
21. 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 full name, postal address, e-mail address and
voice telephone number and fax number (if available) (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 telephone
number and fax number (if available) telephone numbers of the administrative
contact, the technical contact and the billing contact for the domain name;
(iv) The IP addresses and names of the primary nameserver and any
secondary nameserver(s) for the domain name.
You acknowledge and agree
that the foregoing registration data will be publicly available and accessible
on the Whois directory as required by ICANN and may be sold in bulk in
accordance with ICANN policy. You further understand and agree that the
foregoing registration data may be transferred internationally.
22. 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.
23. REVOCATION. Your wilful provision of inaccurate
or unreliable information, your wilful failure promptly to update information
provided to us, or any failure to respond to inquiries by us addressed to the
email address of the registrant, the administrative, billing or technical
contact appearing in the "Whois" directory with respect to a domain name
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. Any information collected by us
concerning an identified or identifiable natural person ("Personal Data") will
be used in connection with the registration of your domain name(s) and for the
purposes of this Agreement and as required or permitted by the ICANN Agreement
or an ICANN/Registry Operator policy.
24. 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, to protect the integrity and stability of the Registry, to
comply with any applicable laws, government rules or requirements, requests of
law enforcement, in compliance with the dispute resolution process, or to avoid
any liability, civil or criminal, on our part and/or that of the Registry
Operator, as well as our affiliates, subsidiaries, officers, directors and
employees. We and the Registry Operator reserve the right to suspend a domain
name during the resolution of a dispute.
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 a 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.
25. 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.
26.
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.
27.
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.
28. 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.
29. 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 be 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
30.
ENTIRETY. You agree that this Agreement, the rules and policies published by
Tucows, ICANN and/or the Registry Operator 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.
31. 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.
32. INFANCY. You attest that you are of legal
age to enter into this Agreement.
33. 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.