.tv 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 .tv 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, 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 and,
further, that the domain name is not being registered for nor shall it at any
time whatsoever be used for any unlawful purpose whatsoever.
3.
FEES. As consideration for the Services you have selected, you agree to
pay 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. Failure to maintain accurate information will be
considered a material breach of this Agreement and will entitle us to delete
your domain name registration.
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 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. 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.
9. POLICY. You agree
that your registration of the .tv domain name shall be subject to suspension,
cancellation, or transfer pursuant to any 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. You acknowledge that you have reviewed the .tv
General Terms of Service which may be found at:
http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml and expressly agree to
the terms outlined therein.
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. 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.
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). 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 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,
affiliates and third party beneficiaires 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.
14. TRANSFER OF OWNERSHIP. The
person named as administrative contact at the time the 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). 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
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.
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 for the purpose of improving 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 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.
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 (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.
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. 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 within a thirty (30) day period following
registration if we believe the registration has been made possible by a mistake,
made either by us or by a third party.
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 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.
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.