In order that a party may hold a valid .ca domain name
registration, TUCOWS, requires that all registrants adhere to
certain terms and conditions. As an organisation or individual
applying to register, transfer or renew an .ca domain name via the
agency of BuzNet Communications and/or TUCOWS you accordingly
agree as follows:
1. AGREEMENT. In this Registration Agreement ("Agreement") ,
"we", us" and "our" refer to TUCOWS Inc. and “Services” refers to
the domain name registration, transfer or renewal services provided
by us as offered through BuzNet Communications, the Registration
Service Provider (“RSP”). CIRA shall refer to the entity granted the
exclusive right to administer the registry for .ca domain name
registrations.
2. SELECTION OF A DOMAIN NAME. You represent that, to the best of
the your knowledge and belief, neither the registration of the
domain 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 respective RSP who remits payment to us
on your behalf, the applicable 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 this Agreement will remain in full force
during the term of your domain name registration as selected,
recorded, and paid for upon registration of the domain name. Should
you choose to renew the term of your domain name registration, then
the term of this Agreement will be extended accordingly. Should you
transfer your domain name or should the domain name otherwise be
transferred to another Registrar, the terms and conditions of this
contract shall cease and shall be replaced by the contractual terms
in force between domain name registrants 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 CIRA 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
the CIRA website. 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.
9. CIRA POLICY. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or transfer
pursuant to any CIRA-adopted policy, or pursuant to any registrar or
registry procedure not inconsistent with an CIRA-adopted policy, (1)
to correct mistakes by a registrar or the 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 registrant 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 thedomain name. 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 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.
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
attorney's fees, from claims by third parties, including but not
limited to the RSP and CIRA 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 CIRA 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. Any transfer of ownership in and to a
domain name registration shall be affected in accordance with CIRA
policies and procedures.
15. BREACH. You agree that failure to abide by any provision of
this Agreement, any operating rule or policy or the Dispute Policy,
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. (v) The Internet Protocol
number of the primary name server and secondary name server(s) for
each domain name registration and the corresponding names of those
name servers.
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 CIRA, to the registry administrators, and
to other third parties as CIRA 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 CIRA 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 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 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
names@conflab.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 Inc.
Registrant Affairs Office
96 Mowat
Avenue
Toronto,
Ontario, M6K 3M1
- OR -
BuzNet Communications
5757 Alpha Rd, Suite 107
Dallas, Texas 75240
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. INCONSISTENCIES WITH CIRA. In the event that this Agreement
may be inconsistent with any term, condition , policy or procedure
of CIRA, the term, condition, policy or procedure of CIRA shall
prevail.
30. 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.