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 E-mail
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 provided by us as offered
through Cyber Trading Co. (“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-appl-03jul01.htm;
and
(vi)
you have the authority to enter into
this Registration Agreement.
4.
EMAIL FORWARDING SERVICES.
(a)
The Service 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.
(b)
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.opensrs.org/dotname_info.shtml,
as well as the following restrictions.
Without prejudice to the foregoing, you undertake not to use Email
Forwarding:
(i) 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;
(ii)
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;
(iii)
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
(iv)
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.
(c) 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.
(d) 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.
(e)
You understand and agree that to the
extent Registry Operator is required by law to disclose certain information or
material in connection with your Email Forwarding, 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 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) 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. 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.
26.
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.
27.
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.
28.
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
29.
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.
30.
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.
31.
INFANCY. You attest that you are of
legal age to enter into this Agreement.
32. 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.