APPENDIX A
Form of Registration Agreement
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 Cyber Trading Co. (“RSP”). This Agreement explains our obligations to you, and explains your
obligations to us for various Services.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
INDEMNITY. You agree to release, indemnify,
and hold us, 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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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, info@y7.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
OR:
Cyber Trading Co.
1-3-4 Daiba Minato
Tokyo, 135-0091
Attention: Domain Registration
and in the case of notification to
you shall be to the address specified in the “Administrative Contact” in your
WHOIS record.
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.
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.
INFANCY. You
attest that you are of legal age to enter into this Agreement.
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.