Registration Agreement
1. IN THIS REGISTRATION AGREEMENT ("Agreement"),
“Registrant”, "you" and "your"
refers to the Registrant of each domain name registration,
"we", “us" and "our" refers
to Tucows.com Co., and “Services” refers to
the domain name registration services provided by us as
offered through Konstantinos Zournas, the Registration Service
Provider (“Reseller”). Any reference to a “registry,”
“Registry” or “Registry Operator”
shall refer to the registry administrator of the applicable
TLD or ccTLD. This Agreement explains our obligations to
you, and explains your obligations to us for the Services.
By agreeing to the terms and conditions set forth in this
Agreement, you are also agreeing to be bound by the rules
and regulations set forth by a registry for that particular
registry only.
2. SELECTION OF A DOMAIN NAME. You acknowledge and agree
that we cannot guarantee that you will obtain a desired
domain name registration, even if an inquiry indicates that
a domain name is available at the time of your application
for same. 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 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. During the period following registration
of a domain name and the appointment of active name servers,
we may post a stagnant web page and any revenues generated
from same shall be for our own account.
3. FEES. As consideration for the Services, you agree to
pay Reseller the applicable service(s) fees prior to the
effectiveness of a desired domain name registration or any
renewal thereof. All fees payable hereunder are non-refundable
even if your domain name registration is suspended, cancelled
or transferred prior to the end of your current registration
term. 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 represent that the Account Information and all other
statements put forth in your application are true, complete
and accurate. Both Tucows and each registry reserves the
right to terminate your domain name registration if: (i)
information provided by you or your agent is false, inaccurate,
incomplete, unreliable, misleading or otherwise secretive;
or (ii) you have failed to maintain, update and keep your
Account Information true, current, complete, accurate and
reliable. You acknowledge that a breach of this Section
3 will constitute a material breach of our Agreement, which
will entitle either us or a registry to terminate this Agreement
immediately upon such breach without any refund and without
notice to you.
4. TERM. This Agreement will remain in effect during the
term of your domain name registration as selected, recorded
and paid for at the time of registration or any renewal
thereof. Should the domain name be transferred to another
registrar, the terms and conditions of this Agreement shall
cease.
5. MODIFICATIONS TO AGREEMENT. You acknowledge that the
practice of registering and administering domain names is
constantly evolving; therefore, you agree that Tucows may
modify this Agreement, or any other related and/or applicable
agreement, as is necessary to comply with its agreements
with ICANN, a registry or any other entity or individual,
as well as to adjust to changing circumstances. All amendments
to this Agreement will be posted on our website. Your continued
use of the domain name registered to you will constitute
your acceptance of this Agreement with any revisions. If
you do not agree to any change, you may request that your
domain name registration be cancelled or transferred to
a different accredited registrar. You agree that such cancellation
or request for transfer will be your exclusive remedy if
you do not wish to abide by any change to this Agreement,
or any other related and/or applicable agreement.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any
of your account information with us, you must use the 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. NO GUARANTY. You acknowledge that registration or reservation
of your chosen domain name does not confer immunity from
objection to the registration, reservation or use of the
domain name.
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 adopted by the applicable registry. 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 applicable
policy. If Tucows is notified that a complaint has been
filed with a judicial or administrative body regarding your
domain name, Tucows may, at its sole discretion, suspend
your ability to use your domain name or to make modifications
to your registration records until (i) Tucows is directed
to do so by the judicial or administrative body, or (ii)
Tucows receives notification by you and the other party
contesting your domain that the dispute has been settled.
Furthermore, you agree that if you are subject to litigation
regarding your registration or use of your domain name,
Tucows may deposit control of your registration record into
the registry of the judicial body by supplying a party with
a registrar certificate from us.
9. POLICY. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or transfer
pursuant to a Tucows, registry, ICANN or government-adopted
policy, or pursuant to any registrar or registry procedure
not inconsistent with a Tucows, registry, ICANN or government-adopted
policy, (1) to correct mistakes by us or a 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 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 will secure the
agreement of any third party to the terms and conditions
in this Agreement
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 the initial registration of your domain name. Tucows
and its directors, employees, affiliates, subsidiaries,
agents and third party providers, ICANN and the applicable
registries 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
states do not allow the exclusion or limitation of liability
for consequential or incidental damages, in such states,
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
Tucows, its contractors, agents, employees, officers, directors
and affiliates, ICANN, the applicable registries and their
respective directors, officers, employees, agents and affiliates
harmless from all liabilities, claims and expenses, including
attorney's fees, of third parties arising out of or relating
to the registration or use of the domain name registered
in your name, whether used by yourself, licensed to a third
party or pursuant to the Whois Privacy Service, including
without limitation infringement by you or a third party
with access to your Account Identifier and Password. You
also agree to release, indemnify and hold us harmless pursuant
to the terms and conditions contained in the applicable
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 the suspension or cancellation
of your domain name. This indemnification obligation will
survive the termination or expiration of this Agreement.
14. 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
Account Identifier 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.
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. RENEWALS AND FORFEITURE. Domain names are registered
for a finite period of time. You will receive reminders
immediately prior to the expiration of your registration
inviting you to renew your domain name. In the event that
you fail to renew your domain name in a timely fashion,
your registration will expire and we may, at our discretion,
elect to assume the registration and may hold it for our
own account, delete it or we may sell it to a third party.
You acknowledge and agree that your right and interest in
a domain name ceases upon its expiration and that any expired
domain name may be made available for registration by a
third party.
If you fail to renew your registration, your domain name
may cease to resolve and visitors to your site may be redirected
to a default page informing them that the site is no longer
in service. This parked or default page may feature advertisements
posted by us for our own account.
If we have elected to renew the registration, you will
be entitled to a grace period during which you may re-register
the domain name from us. Additional costs may apply. During
this grace period, we may post a parked page and/or may
revise the “Whois” registration records to include
either our information or that of your Reseller. The domain
name may also be listed for auction. If the name is sold
during any such auction, it will be acquired by a third
party on a provisional basis and will remain available for
re-registration by you during our stated grace period. If
you do not re-register the domain name during the grace
period, the auction sale will be concluded and you will
receive a share of the proceeds received from the new registrant.
Tucows will send an email to the last address you have provided
advising you of the sale and your interest in same. At present,
we agree to pay you forty (40) per cent of the net proceeds
of any such auction. You will have one (1) year following
the issue of the email to claim your share of the proceeds.
Any amounts not claimed within one (1) year will be deemed
to have been abandoned by you and will be deposited by us
for our own account.
If you fail to renew your domain name registration during
the grace period, you acknowledge that you have abandoned
the domain name and that it is available for sale and registration
by any third party.
16. 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.
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:
(a) your name and postal address (or, if different, that
of the domain name holder);
(b) the domain name being registered;
(c) the name, postal address, e-mail address, and voice
and fax (if available) telephone numbers of the administrative
contact for the domain name;
(d) the name, postal address, e-mail address, and voice
and fax (if available) telephone numbers of the billing
contact for the domain name; and
(e) the name, postal address, e-mail address, and voice
and fax (if available) telephone numbers of the technical
contact for the domain name.
Any voluntary information we request is collected in order
that we can continue to improve the products and services
offered to you through your Reseller.
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, law enforcement agencies 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.
(a) 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.
(b) 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 Reseller.
(c) We will not process or maintain 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.
(d) We will take reasonable precautions to protect the information
we obtain from you from our loss, misuse, unauthorized disclosure,
alteration or destruction of that information.
20. OBLIGATION TO MAINTAIN WHOIS. 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 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 ICANN or an applicable registry policy.
21. REVOCATION. We, in our sole discretion, reserve the
right to deny, cancel, suspend, transfer or modify any domain
name registration to correct a mistake, protect the integrity
and stability of the company and any applicable registry,
to comply with any applicable laws, government rules, or
requirements, requests of law enforcement, in compliance
with any dispute resolution process, or to avoid any liability,
civil or criminal. You agree that we shall not be liable
to you for loss or damages that may result from our refusal
to register or cancel, suspend, transfer or modify your
domain name registration.
22. INCONSISTENCIES WITH REGISTRY POLICIES. In the event
that this Agreement may be inconsistent with any term, condition,
policy or procedure of an applicable registry, the term,
condition, policy or procedure of the applicable registry
shall prevail.
23. 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.
24. 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 be
given when an electronic confirmation of delivery has been
obtained by the sender. E-mail notification to Tucows must
be sent to lhutz@tucows.com. Any notice to you will be sent
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 five (5) business days
after the date of mailing Postal notices to Tucows shall
be sent to:
Tucows.com Co.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1
CANADA
Attention: Legal Affairs
and in the case of notification to you shall be sent to
the address specified in the “Administrative Contact”
in your Whois record.
25. ENTIRETY. You agree that this Agreement, the applicable
dispute policy and the rules and policies published by Tucows
and any applicable registry or other governing authority,
are the complete and exclusive agreement between you and
us regarding our Services.
26. 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.
27. INFANCY. You attest that you are of legal age to enter
into this Agreement.
28. FORCE MAJEURE. You acknowledge and agree that neither
we nor the applicable registry shall be responsible for
any failures or delays in performing our respective obligations
hereunder arising from any cause beyond our reasonable control,
including but not limited to, acts of God, acts of civil
or military authority, fires, wars, riots, earthquakes,
storms, typhoons and floods.
29. PRIVACY. Information collected about you is subject
to the terms of Tucows’ privacy policy, the terms
of which are hereby incorporated by reference. Tucows’
privacy policy can be found at: http://www.tucows.com/privacy.html
30. CONTROLLING LANGUAGE. In the event that you are reading
this Agreement in a language other than the English language,
you acknowledge and agree that the English language version
hereof shall prevail in case of inconsistency or contradiction
in interpretation or translation.
31. TLD’S. The following additional provisions apply
to any domain names that you register through Tucows with
the various registries:
(a) .com/net Domains: In the case of a “.com”
or “.net” registration, the following terms
and conditions will apply:
(i) Submission to UDRP. Registrant agrees to submit to proceedings
under ICANN's Uniform Domain Dispute Policy (“UDRP”)
(http://www.icann.org/dndr/udrp/policy.htm) and comply with
the requirements set forth by the Registry; these policies
are subject to modification;
(ii) For the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall submit,
without prejudice to other potentially applicable jurisdictions,
to the jurisdiction of the courts (1) of the Registrant’s
domicile, and (2) where Tucows is located, presently Toronto,
Ontario.
(b) .org Domains: In the case of a “.org” registration,
the following terms and conditions will apply:
(i) Submission to UDRP. Registrant agrees to submit to proceedings
under ICANN's Uniform Dom ain Dispute Policy (“UDRP”)
(http://www.icann.org/dndr/udrp/policy.htm) and comply with
the requirements set forth by the Registry. These policies
are subject to modification;
(ii) For the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall submit,
without prejudice to other potentially applicable jurisdictions,
to the jurisdiction of the courts (1) of the Registrant’s
domicile, and (2) where Tucows is located, presently Toronto,
Ontario.
(c) .info Domains: In the case of a “.info”
registration, the following terms and conditions will apply:
(i) Registrant’s Personal Data. You consent to the
use, copying, distribution, publication, modification, and
other processing of Registrant’s personal data by
Afilias, the .INFO registry, and its designees and agents,
in a manner consistent with the purposes specified pursuant
to its contract;
(ii) Submission to UDRP. Registrant agrees to submit to
proceedings under ICANN's Uniform Domain Dispute Policy
(“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry.
These policies are subject to modification;
(iii) For the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall submit,
without prejudice to other potentially applicable jurisdictions,
to the jurisdiction of the courts (1) of the Registrant’s
domicile, and (2) where Tucows is located, presently Toronto,
Ontario;
(iv) Reservation of Rights. Tucows and Afilias expressly
reserve the right to deny, cancel, transfer, or modify any
registration that either registrar or Afilias deems necessary,
at its discretion, to protect the integrity and stability
of the registry, to comply with any applicable law, any
government rule or requirement, any request of law enforcement,
any dispute resolution process, or to avoid any liability,
civil or criminal, on the part of the registrar and/or Afilias,
as well as their affiliates, subsidiaries, executives, directors,
officers, managers, employees, consultants, and agents.
The registrar and Afilias also reserve the right to suspend
a domain name or its registration data during resolution
of a dispute.
(d) .biz Domains. In the case of a “.biz” registration,
the following terms and conditions will apply:
(i) .biz Restrictions. Registrations in the .biz top-level
domain must be used or intended to be used primarily for
bona fide business or commercial purposes. For the purposes
of the .biz registration restrictions, “bona fide
business or commercial use” shall mean the bona fide
use or bona fide intent to use the domain name or any content,
software, materials, graphics or other information thereon,
to permit Internet users to access one or more host computers
through the DNS:
(A) to exchange goods, services, or property of any kind;
(B) in the ordinary course of business; or
(C) to facilitate (i) the exchange of goods, services, information
or property of any kind; or (ii) the ordinary course of
trade or business.
For more information on the .biz restrictions, which are
incorporated herein by reference, please see: http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
(ii) Selection of a Domain Name. You represent that:
(A) 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,
up-to-date and complete;
(B) 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;
(C) that the domain name is not being registered for nor
shall it at any time whatsoever be used for any unlawful
purpose whatsoever;
(D) the registered domain name will be used primarily for
bona fide business or commercial purposes and not (a) exclusively
for personal use, or (b) solely for the purposes of (1)
selling, trading or leasing the domain name for compensation,
or (2) the unsolicited offering to sell, trade or lease
the domain name for compensation;
(E) you have the authority to enter into this Registration
Agreement; and
(F) the registered domain name is reasonably related to
your business or intended commercial purpose at the time
of registration.
(iii) Provision of Registration Data. As part of the registration
process, you are required to provide us with certain information
and to keep the information true, current, complete, and
accurate at all times. The information includes the following:
(A) your full name;
(B) your postal address;
(C) your e-mail address;
(D) your voice telephone number;
(E) your fax number (if applicable);
(F) the name of an authorized person for contact purposes
in the case of a registrant that is an organization, association,
or corporation;
(G) the IP addresses of the primary nameserver and any secondary
nameserver for the domain name;
(H) the corresponding names of the primary and secondary
nameservers;
(I) the full name, postal address, e-mail address, voice
telephone number, and, when available, fax number of the
administrative, technical, and billing contacts, and the
name holder for the domain name; and
(J) any remark concerning the domain name that should appear
in the Whois directory.
(K) You agree and understand that the foregoing registration
data will be publicly available and accessible on the Whois
directory as required by ICANN and/or registry policies,
and may be sold in bulk in accordance with the ICANN agreement.
(iv) Domain Name Disputes. You acknowledge having 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:
(A) The Uniform Domain Name Dispute Resolution Policy (“Dispute
Policy), available at: http://www.icann.org/dndr/udrp/policy.htm;
(B) The Restrictions Dispute Resolution Criteria and Rules
(“RDRP”), available at: http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;
(collectively, the “Dispute Policies”).
(v) The Dispute Policy sets forth the terms and conditions
in connection with a dispute between a Registrant and any
party other than the Registry or Registrar over the registration
and use of an Internet domain name registered by Registrant.
(vi) The RDRP sets forth the terms under which any allegation
that a domain name is not used primarily for business or
commercial purposes shall be endorsed on a case-by-case,
fact specific basis by an independent ICANN-accredited dispute
provider.
(vii) For the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall submit,
without prejudice to other potentially applicable jurisdictions,
to the jurisdiction of the courts (1) of the Registrant’s
domicile, and (2) where Tucows is located, presently Toronto,
Ontario.
(e) .name Domains. In the case of a “.name”
registration, the following terms and conditions will apply:
(i) .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.
(ii) .name Representations. As a .name domain name registrant,
you hereby represent that:
(A) the registered domain name or second level domain (“SLD”)
e-mail address is your Personal Name.
(B) 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,
(C) 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;
(D) that the domain name is not being registered for nor
shall it at any time whatsoever be used for any unlawful
purpose whatsoever;
(E) the registration satisfies the Eligibility Requirements
found at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
and
(F) you have the authority to enter into this Registration
Agreement.
(iii) E-mail Forwarding Services. The Services for which
you have registered may, at your option, include e-mail
forwarding. To the extent you opt to use e-mail forwarding,
you are obliged to do so in accordance with all applicable
legislation and are responsible for all use of e-mail forwarding,
including the content of messages sent through e-mail forwarding.
You undertake to familiarize yourself with the content
of and to comply with the generally accepted rules for Internet
and e-mail usage. This includes, but is not limited to the
Acceptable Use Policy, available at http://www.nic.name/downloads/aup.pdf
as well as the following restrictions. Without prejudice
to the foregoing, you undertake not to use e-mail 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 e-mail, 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 e-mail forwarding.
(iv) Registry reserves the right to implement additional
anti-spam measures, to block spam or mail from systems with
a history of abuse from entering Registry’s e-mail
forwarding. However, due to the nature of such systems,
which actively block messages, Registry 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.
(v) You understand and agree that Registry may delete material
that does not conform to clause (c) above or that in some
other way constitutes a misuse of e-mail forwarding. You
further understand and agree that Registry is at liberty
to block your access to e-mail forwarding if you use e-mail
forwarding in a way that contravenes this Agreement. You
will be given prior warning of discontinuation of the e-mail
forwarding unless it would damage the reputation of Registry
or jeopardize the security of Registry or others to do so.
Registry reserves the right to immediately discontinue e-mail
forwarding without notice if the technical stability of
e-mail forwarding is threatened in any way, or if you are
in breach of this Agreement. On discontinuing e-mail forwarding,
Registry is not obliged to store any contents or to forward
unsent e-mail to you or a third party.
(vi) You understand and agree that to the extent either
we and/or Registry is required by law to disclose certain
information or material in connection with your e-mail forwarding,
either we and/or Registry will do so in accordance with
such requirement and without notice to you.
(vii) 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. 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.
(A) the Eligibility Requirements (the “Eligibility
Requirements”), available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
(B) the Eligibility Requirements Dispute Resolution Policy
(the “ERDRP”), available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm;
and
(C) the Uniform Domain Name Dispute Resolution Policy (the
“UDRP”), available at: http://www.icann.org/dndr/udrp/policy.htm.
(viii) The Eligibility Requirements dictate that Personal
Name domain names and Personal Name SLD e-mail addresses
will be granted on a first-come, first-served basis. 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.
(ix) The ERDRP applies to challenges to (i) registered domain
names and SLD e-mail 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) within .name.
(x) The UDRP sets forth the terms and conditions in connection
with a dispute between a Registrant and party other than
the Registry or Tucows over the registration and use of
an Internet domain name registered by a Registrant.
(xi) For the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall submit,
without prejudice to other potentially applicable jurisdictions,
to the jurisdiction of the courts (1) of the Registrant’s
domicile, and (2) where Tucows is located, presently Toronto,
Ontario.
32. ccTLD’S
(a) .at Domains. In the case of a “.at” registration,
the following terms and conditions will apply:
(i) Registry Policy. You acknowledge and understand that
by accepting the terms and conditions of this agreement
you shall be bound by Registry policies and any pertinent
rules or policies that exist now or in the future and which
are posted on the Registry website at http://www.nic.at/en/service/legal_information/terms_conditions/.
You are responsible for monitoring the Registry’s
site on a regular basis. In the event that you do not wish
to be bound by a revision or modification to any Registry
policy, your sole remedy is to cancel your domain name registration
by following the appropriate Registry policy regarding such
cancellation.
(b) .be Domains. In the case of a “.be” registration,
the following terms and conditions will apply:
(i) Registry Policy. You acknowledge and understand that
by accepting the terms and conditions of this agreement
you shall be bound by Registry policies and any pertinent
rules or policies that exist now or in the future and which
are posted on the Registry website at http://www.dns.be/en/home.php?n=51.
You are responsible for monitoring the Registry’s
site on a regular basis. In the event that you do not wish
to be bound by a revision or modification to any Registry
policy, your sole remedy is to cancel your domain name registration
by following the appropriate Registry policy regarding such
cancellation.
(ii) 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
.be 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.dns.be/en/home.php?n=53.
(c) .ca Domains. In the case of a “.ca” registration,
the following terms and conditions will apply:
(i) 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 http://www.cira.ca/en/cat_Dpr.html.
Please take the time to familiarize yourself with this policy.
(ii) Registry Policy. You agree that your registration of
the domain name shall be subject to suspension, cancellation,
or transfer pursuant to any Registry-adopted policy, or
pursuant to any registrar or registry procedure not inconsistent
with a Registry adopted policy, (1) to correct mistakes
by Tucows or the Registry in registering the name or (2)
for the resolution of disputes concerning the domain name.
(iii) Transfer of Ownership. Any transfer of ownership in
and to a domain name registration shall be affected in accordance
with registry policies and procedures.
(iv) Registry Agreement and Policy. You acknowledge and
understand that by accepting the terms and conditions of
this agreement you shall be bound by the Registry’s
Registrant Agreement, the Registry’s policies and
any pertinent rules or policies that exist now or in the
future and which are posted on the Registry website at http://www.cira.ca/en/doc_Registrar.html.
You are responsible for monitoring the Registry’s
site on a regular basis. In the event that you do not wish
to be bound by a revision or modification to any Registry
agreement or policy, your sole remedy is to cancel your
domain name registration by following the appropriate Registry
policy regarding such cancellation.
(v) You acknowledge and agree that the Registry shall not
be liable to you for any loss, damage, or expense arising
out of the Registry’s failure or refusal to register
a domain name, it’s failure or refusal to renew a
domain name registration, it’s registration of a domain
name, it’s failure or refusal to renew a domain name
registration, it’s renewal of a domain name registration,
it’s failure or refusal to transfer a domain name
registration, it’s transfer of a domain name registration,
it’s failure or refusal to maintain or modify a domain
name registration, it’s maintenance of a domain name
registration, it’s modification of a domain name registration,
it’s failure to cancel a domain name registration
or it’s cancellation of a domain name registration
from the Registry;
(d) .cc Domains. In the case of a “.cc” registration,
the following terms and conditions will apply:
(i) 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.nic.cc/policies/dispute.html.
Please take the time to familiarize yourself with this policy.
(ii) Registry Policy. You acknowledge and understand that
by accepting the terms and conditions of this agreement
you shall be bound by Registry policies and any pertinent
rules or policies that exist now or in the future and which
are posted on the Registry website at: http://www.enic.cc/en-def-c2689f094aa0/en/policies/policies.shtml.
You are responsible for monitoring the Registry’s
site on a regular basis. In the event that you do not wish
to be bound by a revision or modification to any Registry
policy, your sole remedy is to cancel your domain name registration
by following the appropriate Registry policy regarding such
cancellation.
(e) .ch Domains. In the case of a “.ch” registration,
the following terms and conditions shall apply:
(i) Registry Policy. You acknowledge and understand that
by accepting the terms and conditions of this agreement
you shall be bound by Registry policies and any pertinent
rules or policies that exist now or in the future and which
are posted on the Registry website at http://www.switch.ch/id/terms.
You are responsible for monitoring the Registry’s
site on a regular basis. In the event that you do not wish
to be bound by a revision or modification to any Registry
policy, your sole remedy is to cancel your domain name registration
by following the appropriate Registry policy regarding such
cancellation.
(ii) 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
.ch 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.switch.ch/id/disputes/rules.
Please take the time to familiarize yourself with this policy.
(f) .cn Domains. In the case of a “.cn” registration,
the following terms and conditions shall apply:
(i) “Registry” means the China Internet Network
Information Center, which is the authority responsible for
the administration of the national top-level domain of the
People’s Republic of China and the Chinese domain
name system;
(ii) “Registry Gateway” means the service provided
by the Registry Operator that facilitates the registration
of .cn domain names by registrars operating outside of the
People’s Republic of China;
(iii) “Registry Operator“ means Neustar, Inc.,
the company authorized to facilitate the registration of
.cn domain names by registrars operating outside of the
People’s Republic of China.
(iv) Restrictions. You agree that you shall not register
or use a domain name that is deemed by CNNIC to:
(A) be against the basic principles prescribed in the Constitution
of the Peoples Republic of China (“PRC”);
(B) jeopardize national security, leak state secrets, intend
to overturn the government or disrupt the integrity of the
PRC;
(C) harm national honour and national interests of the PRC;
(D) instigate hostility or discrimination between different
nationalities or disrupt the national solidarity of the
PRC;
(E) spread rumours, disturb public order or disrupt social
stability of the PRC;
(F) spread pornography, obscenity, gambling, violence, homicide,
terror or instigate crimes in the PRC;
(G) insult, libel against others and infringe other people’s
legal rights and interests in the PRC; or
(H) take any other action prohibited in laws, rules and
administrative regulations of the PRC.
(v) Business or Organization Representation. .cn domain
name registrations are intended for businesses and organizations
and not for individual use. By registering a .cn name, you
accordingly represent that you have registered the domain
name on behalf or a business or organization. It should
be noted that, although .cn policy is permissive in terms
of registration, and enforcement is generally in reaction
to a complaint (as opposed to proactive review), registrations
that are not associated with an organization or business
may be subject to deletion. The foregoing prevents an individual
from registering a .cn domain name for a business operating
as a sole proprietorship.
(vi) Domain Name Disputes. You acknowledge having read and
understood and agree to be bound by the terms and conditions
of the CNNIC Domain Name Dispute Policy & Rules for
CNNIC Dispute Resolution Policy (“Dispute Policy”),
as they may be amended from time to time, which are hereby
incorporated and made an integral part of this Agreement.
The Dispute Policy is currently found at: http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm.
(vii) You acknowledge that, pursuant to the Dispute Policy,
Registrars must comply with all reasonable requests from
the applicable domain name dispute resolution institutions
including the provision of all relevant evidence in any
domain name disputes in the specified time frames.
(viii) 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.
(ix) Adherence to Policies. You agree to comply with all
applicable laws, regulations and policies of the Peoples
Republic of China’s governmental agencies and the
China Internet Network Information Centre (“CNNIC”),
including but not limited to the following rules and regulations:
(A) Provisional Administrative Rules for Registration of
Domain Names in China (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1520.htm);
(B) Detailed Implementation Rules for Registration of Domain
Names in China (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm);
(C) Chinese Domain Names Dispute Resolution Policy (currently
at http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm);
and
(D) CNNIC Implementing Rules of Domain Name Registration
(currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1503.htm).
You acknowledge that you have read and understood and agree
to be bound by the terms and conditions of the policies
of the CNNIC, as they may be amended from time to time.
(x) Suspension and Cancellation. You agree that your registration
of the domain name shall be subject to suspension, cancellation,
or transfer pursuant to any Tucows, Registry Operator, CNNIC
or government-adopted policy, or pursuant to any registrar
or registry procedure not inconsistent with a CNNIC or government-adopted
policy, (1) to correct mistakes by a party in registering
the name, (2) for the resolution of disputes concerning
the domain name, (3) to protect the integrity and stability
of the registry, (4) to comply with any applicable laws,
government rules or requirements, requests of aw enforcement,
(5) to avoid any liability, civil or criminal, on the part
of Tucows, Registry Operator or CNNIC, as well as their
affiliates, subsidiaries, directors, representatives, employees
and stockholders or (6) for violations of this Agreement.
Tucows, Registry Operator and CNNIC also reserve the right
to “freeze” a domain name during the resolution
of a dispute.
(xi) Jurisdiction. For the adjudication of disputes concerning
or arising from use of the domain name, the Registrant shall
submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of
the Registrant’s domicile, (2) where Tucows is located,
and (3) the People’s Republic of China.
(xii) Governing Law. For the adjudication of a dispute concerning
or arising from use of a .cn domain, such dispute will be
governed under the Laws of the Peoples Republic of China.
(g) .de Domains. In the case of a “.de” registration,
the following terms and conditions will apply:
(i) Selection of a Domain Name. You represent that:
(A) you have reviewed and have accepted the Registry’s
Terms and Conditions and the Registry’s Guidelines
and have provided your Reseller with written confirmation
of same;you have reviewed and have accepted the Registry’s
Terms and Conditions and the Registry’s Guidelines
and have provided your Reseller with written confirmation
of same;
(B) either you, or the person designated as the administrative
contact for the domain name, shall be resident or shall
have a branch in Germany;
(C) 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.
(ii) 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 by
the Registry or any court of law. 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 specified by the Registry or any court
of law.
(iii) Registry Policies. You agree to be bound by the Registry’s
Registration Terms and Conditions and the Registration Guidelines.
English language translations of the Registry’s documents
are provided for convenience; in the event of a discrepancy
between the English and the German language agreements,
the terms of the German agreement will prevail. The Registry
documents may be found at:
English: (A) Registration Terms and Conditions
http://www.denic.de/en/bedingungen.html
(B) Registration Guidelines
http://www.denic.de/en/richtlinien.html
German:
(C) DENIC-Registrierungsbedingungen
http://www.denic.de/de/bedingungen.html
(D) DENIC-Registrierungsrichtlinien
http://www.denic.de/de/richtlinien.html
(h) .eu domains. In the case of a “.eu” registration,
the following terms and conditions will apply:
(i) Eligibility Criteria. .eu domain names are available
for registration to companies and persons who fulfill the
following criteria. As a condition of registration, you
accordingly represent that you are:
(A) an undertaking having its registered office, central
administration or principal place of business within the
European Community;
(B) an organization established within the European Community
without prejudice to the application of national law, or
(C) a natural person resident within the European Community.
(ii) Registry Policy. You acknowledge and understand that
by accepting the terms and conditions of this agreement
you shall be bound by Registry policies and any pertinent
rules or policies that exist now or in the future and which
are posted on the Registry website. Registration policies
of the Registry and the terms and conditions applicable
to your .eu registration may be found at: http://www.eurid.eu/en/general/launch.
You are responsible for monitoring the Registry’s
site on a regular basis. In the event that you do not wish
to be bound by a revision or modification to any Registry
policy, your sole remedy is to cancel your domain name registration
by following the appropriate Registry policy regarding such
cancellation.
(iii) 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 by
the Registry or any court of law.
(iv) Sunrise and General Pre-registration Applications.
You acknowledge that the submission of a “Sunrise”
or a “General Pre-registration Application”
does not ensure the registration of the domain name. In
the event that your application does not result in a domain
name registration, a portion of the registration fee shall
be refunded after the deduction of a handling fee, which
fee shall be subject to change based on fluctuations in
the exchange rates of the US dollar and Euro. You agree
that your sunrise application shall be subject to the pre-registration
policies found at: http://www.eurid.eu/en/general/launch.
(i) .fr Domains. In the case of a “.fr” registration,
the following terms and conditions will apply:
(i) Representation of Registrant. .fr domain names are available
for registration to companies and persons who fulfill the
following criteria. As a condition of registration, you
accordingly represent that you are:
(A) A legal entity:
(I) whose head office is in France; (or),
(II) which possess an address in France which is expressly
listed in the public electronic databases of the registrars
of the commercial courts or the National Statistical and
Economic Studies Institute (INSEE), (or),
(III) State institutions or departments, local authorities
or associated establishments, (or),
(IV) which own a trademark registered with the National
Intellectual Property Institute or own a registered EU or
international trademark which expressly includes French
territory.
(ii) Administrative Contact. Each registrant must designate
an administrative contact to act as a coordinator between
the registrant and the Registry. In the case of .fr registrations,
the administrative contact must be based in France where
it can receive legal and other documents.
(iii) Registry Policies. You agree to be bound by the Registry’s
Naming Charter, its registration rules for .fr. English
language translations of the Registry’s documents
are provided for convenience. The Registry documents may
be found at: www.afnic.fr/obtenir/chartes/nommage-fr.
(iv) 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 by
the Registry or any court of law. The current .fr dispute
resolution policy and procedures can be found at http://www.afnic.fr/doc/ref/juridique/parl.
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 specified by the Registry
or any court of law.
(j) .it Domains. In the case of a “it” registration,
the following terms and conditions shall apply:
(i) Registration Criteria. Registration of an .it name is
restricted to subjects belonging to a member state of the
European Union. Individuals and associations operating without
a VAT number or a fiscal code are limited to a single domain
name registration.
(ii) Registry Policy. You acknowledge and understand that
by accepting the terms and conditions of this agreement
you shall be bound by Registry policies and any pertinent
rules or policies that exist now or in the future and which
are posted on the Registry website at http://www.nic.it/NA/regole-naming-curr-engl.txt.
You are responsible for monitoring the Registry’s
site on a regular basis. In the event that you do not wish
to be bound by a revision or modification to any Registry
policy, your sole remedy is to cancel your domain name registration
by following the appropriate Registry policy regarding such
cancellation. Additional policies, including transfer procedures
and “netiquette” rules may be found at http://www.nic.it/NA/index-engl.html.
(k) .nl Domains. In the case of a “.nl” registration,
the following terms and conditions shall apply:
(i) Registration Criteria. Registration of a .nl domain
name is unrestricted save and except that applicants who
are not based in the Netherlands or who do not have a registered
address in the Netherlands must provide an address in the
Netherlands where written documents can be sent to the applicant
and where legal summonses can be served.
(ii) Registry Policies. You agree to be bound by the policies
of the Registry including but not limited to the Registry’s
Registration Regulations. English language translations
of the Registry’s documents are provided for convenience
and may be found at: http://www.sidn.nl/ace.php/c,728,2679,,,,Regulations_for_registration_of_nl_domain_names.html.
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 by the Registry or any
court of law. The current .nl dispute resolution policy
and procedures can be found at http://www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations_for_arbitration_on_.nl_domain_names/index.html.
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 specified by the Registry
or any court of law.
(l) .tv Domains. In the case of a “.tv” registration,
the following terms and conditions will apply:
(i) 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.icann.org/dndr/udrp/policy.htm.
Please take the time to familiarize yourself with this policy.
(ii) 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.
(m) .uk Domains. In the case of a .uk registration, the
following terms and conditions will apply:
(i) “Nominet UK” means the entity granted the
exclusive right to administer the registry for .uk domain
name registrations.
(ii) 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: http://www.nominet.org.uk/disputes/drs/policy/.
Please take the time to familiarize yourself with this policy.
(iii) Nominet UK Policy. You agree that your registration
of the domain name shall be subject to suspension, cancellation,
or transfer pursuant to any Nominet UK-adopted policy, term
or condition, or pursuant to any registrar or registry procedure
not inconsistent with an Nominet UK-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. The current Nominet UK terms and conditions
can be found at: http://www.nominet.org.uk/registrants/legal/terms/.
When you submit a request for a domain name registration
with Tucows and/or Reseller, you will be entering into two
contracts – one contract with Tucows and/or Reseller
and one contract with Nominet UK.
Tucows and your Reseller will act as agents on your behalf
by submitting your application to Nominet for you, however,
you will still be entering into a direct contract between
you and Nominet UK. This is a separate contract from this
agreement; may be found at http://resellers.tucows.com/contracts/uk/ukterms.
Tucows and Reseller must also make you aware that by accepting
Nominet’s terms and conditions you are consenting
to Nominet using your personal data for a variety of reasons.
In particular, your name and address may be published as
part of Nominet’s Whois look-up service.
(iv) Transfer of Ownership. Any transfer of ownership in
and to a domain name registration shall be affected in accordance
with Nominet UK policies and procedures.
(n) .us Domains. In the case of a “.us” registration,
the following terms and conditions will apply:
(i) “DOC” means the United States of America
Department of Commerce.
(ii) “.us Nexus Requirement”. Only those individuals
or organizations that have a substantive lawful connection
in the United States are permitted to register for .usTLD
domain names. Registrants in the .usTLD must satisfy the
nexus requirement (“Nexus” or “Nexus Requirements”)
set out at: http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
(iii) Selection of a Domain Name. You certify and represent
that:
(A) You have and shall continue to have, a bona fide presence
in the United States on the basis of real and substantial
lawful contacts with, or lawful activities in, the United
States as defined in Section (ii) hereinabove;
(B) The listed name servers are located within the United
States;
(C) 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,
up-to-date and complete;
(D) 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;
(E) That the domain name is not being registered for nor
shall it at any time whatsoever be used for any unlawful
purpose whatsoever;
(E) You have the authority to enter into this Registration
Agreement.
(iv) 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 and the usDRP, as defined below, that is
incorporated herein and made a part of this Agreement by
reference. Please take the time to familiarize yourself
with these policies.
(v) Domain Name Disputes. You acknowledge having 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:
(A) The Nexus Dispute Policy (“Dispute Policy), available
at: http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf.
The Dispute Policy will provide interested parties with
an opportunity to challenge a registration not complying
with the Nexus Requirements.
(B) The usTLD Dispute Resolution Policy (“usDRP”)
available at: http://www.neustar.us/policies/docs/usdrp.pdf.
The usDRP is intended to provide interested parties with
an opportunity to challenge a registration based on alleged
trademark infringement.
(C) In addition to the foregoing, you agree that, for the
adjudication of disputes concerning or arising from use
of the Registered Name, you shall submit, without prejudice
to other potentially applicable jurisdictions, to the jurisdiction
of the courts (i) of your domicile, (ii) where Tucows is
located, and (iii) the United States.
(vi) Policy. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or transfer
pursuant to any Tucows, Registry Operator, the DOC or government-adopted
policy, or pursuant to any registrar or registry procedure
not inconsistent with a DOC 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. The Registry Operator’s
policies can be found at http://www.neustar.us/policies.
(vii) Indemnity. The DOC shall be added to the parties you
have agreed to indemnify in Section 13 hereinabove.
(viii) 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:
(A) Your full name, postal address, e-mail address and telephone
number and fax number (if available) (or, if different,
that of the domain name holder);
(B) The domain name being registered;
(C) The name, postal address, e-mail address, and telephone
number and fax number (if available) telephone numbers of
the administrative contact, the technical contact and the
billing contact for the domain name;
(D) The IP addresses and names of the primary nameserver
and any secondary nameserver(s) for the domain name;
(ix) In addition to the foregoing, you will be required
to provide additional Nexus Information. The Nexus Information
requirements are set out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
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 Reseller.
(x) Disclosure and Use of the Registration Information.
You agree and acknowledge that we will make domain name
registration information you provide available to the DOC,
to the Registry Operator, 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 the DOC 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 Reseller.
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.
33. WHOIS PRIVACY SERVICE. The following terms and conditions
will apply if you subscribe to the Whois Privacy Service:
(a) Subscribers to the Whois Privacy Service have elected
to include the following information in the publicly available
Whois Registry:
(i) Contactprivacy.com shall appear as the Registrant and
Contacts name(s);
(ii) Tucows’ postal address and a Tucows assigned
email address and telephone number shall appear on behalf
of the Registrant and the Contact(s);
(iii) The primary and secondary nameservers shall be those
designated by the Registrant;
(iv) The original date of registration and the expiration
of each domain name;
(v) Tucows will be identified as the registrar of record.
(b) You understand and agree that the Registrant and Contact
Information that you have provided will be kept on file.
You further agree and warrant that you will ensure that
the Whois Information is true, accurate and up to date.
(c) You will will retain complete control over the domain
name and its registration records and may suspend and reinstate
the Whois Privacy Service at your discretion.
(d) The Whois Privacy Service may be used with both new
and existing domain name registrations. You may use the
Whois Privacy Service with respect to a domain name that
has been transferred but it will only commence after the
transfer has been completed. If you wish to transfer the
domain name to a different registrar,the Whois Privacy Service
must be disabled in order to initiate the transfer.
(e) We will send all obligatory renewal and transfer related
messages to the Contacts you have designated.
(f) Communications Forwarding. Communications received with
respect to a particular domain name registration will be
handled as follows:
(i) We will forward to you or a Contact all correspondence
received by registered mail or traceable courier. This information
may be opened, scanned and emailed to you or your Contact..
Regular postal mail will be discarded or returned to sender
at our discretion.
(ii) Email correspondence will be forwarded according to
the instructions of the Registrant as they appear in our
records.
(iii) A voice mail message will advise all callers that
inbound messages will not be accepted; calls will be directed
to the contactprivacy.com web site where written messages
will be forwarded according to your instructions.
(iv) We will only be responsible for forwarding communications
where our details have appeared in the whois and when your
Whois Information is accurate, complete and up to date.
(g) Right to Suspend and Disable. We shall have the right,
at our sole discretion and without liability to you or any
of your Contacts, suspend or cancel your domain name and
to reveal Registrant and Contact Whois Information in certain
circumstances, including but not limited to the following:
(i) when required by law;
(ii) in the good faith belief that disclosure is necessary
to further determination of an alleged breach of a law;
(iii) to comply with a legal process served upon Tucows;
(iv) to resolve any and all third party claims including
but not limited to ICANN’s or a Registry’s dispute
resolution policy;
(v) to avoid financial loss or legal liability
(v) to avoid financial loss or legal liability
(vi) if we believe that you or one of your Contacts is using
the Whois Privacy Service to conceal involvement with illegal,
illicit, objectionable or harmful activities; or
(vii) to transmit SPAM, viruses, worms or other harmful
computer programs.
(h) You understand and agree that, in the event that we
receive a formal complaint, notice of claim or UDRP, that
we will have the right to disable the Whois Privacy Service
pending final disposition of the matter.
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.
Uniform Domain
Name
Dispute Resolution Policy
Policy Adopted: August 26, 1999
Implementation Documents Approved: October 24, 1999
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Notes:
1. This policy is now in effect. See www.icann.org/udrp/udrp-schedule.htm
for the implementation schedule.
2. This policy has been adopted by all accredited
domain-name registrars for domain names ending
in .com, .net, and .org. It has also been adopted
by certain managers of country-code top-level
domains (e.g., .nu, .tv, .ws).
3. The policy is between the registrar (or
other registration authority in the case of a
country-code top-level domain) and its customer
(the domain-name holder or registrant). Thus,
the policy uses "we" and "our" to refer to the
registrar and it uses "you" and "your" to refer
to the domain-name holder.
Uniform Domain
Name Dispute Resolution Policy
(As Approved by ICANN on October 24, 1999)
1. Purpose.
This Uniform Domain Name Dispute Resolution Policy
(the "Policy") has been adopted by the Internet
Corporation for Assigned Names and Numbers ("ICANN"),
is incorporated by reference into your Registration
Agreement, and sets forth the terms and conditions
in connection with a dispute between you and any
party other than us (the registrar) over the registration
and use of an Internet domain name registered by
you. Proceedings under Paragraph 4
of this Policy will be conducted according to the
Rules for Uniform Domain Name Dispute Resolution
Policy (the "Rules of Procedure"), which are available
at www.icann.org/udrp/udrp-rules-24oct99.htm,
and the selected administrative-dispute-resolution
service provider's supplemental rules.
2. Your Representations.
By applying to register a domain name, or by asking
us to maintain or renew a domain name registration,
you hereby represent and warrant to us that (a)
the statements that you made in your Registration
Agreement are complete and accurate; (b) to your
knowledge, the registration of the domain name will
not infringe upon or otherwise violate the rights
of any third party; (c) you are not registering
the domain name for an unlawful purpose; and (d)
you will not knowingly use the domain name in violation
of any applicable laws or regulations. It is your
responsibility to determine whether your domain
name registration infringes or violates someone
else's rights.
3. Cancellations,
Transfers, and Changes.
We will cancel, transfer or otherwise make changes
to domain name registrations under the following
circumstances:
a. subject to the provisions
of Paragraph 8, our receipt of
written or appropriate electronic instructions
from you or your authorized agent to take such
action;
b. our receipt of an order from
a court or arbitral tribunal, in each case of
competent jurisdiction, requiring such action;
and/or
c. our receipt
of a decision of an Administrative Panel requiring
such action in any administrative proceeding to
which you were a party and which was conducted
under this Policy or a later version of this Policy
adopted by ICANN. (See Paragraph
4(i) and (k) below.)
We may also
cancel, transfer or otherwise make changes to a
domain name registration in accordance with the
terms of your Registration Agreement or other legal
requirements.
4. Mandatory
Administrative Proceeding.
This Paragraph sets forth the
type of disputes for which you are required to submit
to a mandatory administrative proceeding. These
proceedings will be conducted before one of the
administrative-dispute-resolution service providers
listed at www.icann.org/udrp/approved-providers.htm
(each, a "Provider").
a. Applicable
Disputes. You are
required to submit to a mandatory administrative
proceeding in the event that a third party (a
"complainant") asserts to the applicable Provider,
in compliance with the Rules of Procedure, that
(i) your
domain name is identical or confusingly similar
to a trademark or service mark in which the
complainant has rights; and
(ii)
you have no rights or legitimate interests in
respect of the domain name; and
(iii)
your domain name has been registered and is
being used in bad faith.
In the
administrative proceeding, the complainant must
prove that each of these three elements are present.
b. Evidence
of Registration and Use in Bad Faith.
For the purposes of Paragraph
4(a)(iii), the following circumstances, in
particular but without limitation, if found by
the Panel to be present, shall be evidence of
the registration and use of a domain name in bad
faith:
(i) circumstances
indicating that you have registered or you have
acquired the domain name primarily for the purpose
of selling, renting, or otherwise transferring
the domain name registration to the complainant
who is the owner of the trademark or service
mark or to a competitor of that complainant,
for valuable consideration in excess of your
documented out-of-pocket costs directly related
to the domain name; or
(ii)
you have registered the domain name in order
to prevent the owner of the trademark or service
mark from reflecting the mark in a corresponding
domain name, provided that you have engaged
in a pattern of such conduct; or
(iii)
you have registered the domain name primarily
for the purpose of disrupting the business of
a competitor; or
(iv)
by using the domain name, you have intentionally
attempted to attract, for commercial gain, Internet
users to your web site or other on-line location,
by creating a likelihood of confusion with the
complainant's mark as to the source, sponsorship,
affiliation, or endorsement of your web site
or location or of a product or service on your
web site or location.
c. How
to Demonstrate Your Rights to and Legitimate Interests
in the Domain Name in Responding to a Complaint.
When you receive a complaint, you should refer
to Paragraph
5 of the Rules of Procedure in determining
how your response should be prepared. Any of the
following circumstances, in particular but without
limitation, if found by the Panel to be proved
based on its evaluation of all evidence presented,
shall demonstrate your rights or legitimate interests
to the domain name for purposes of Paragraph
4(a)(ii):
(i) before
any notice to you of the dispute, your use of,
or demonstrable preparations to use, the domain
name or a name corresponding to the domain name
in connection with a bona fide offering of goods
or services; or
(ii)
you (as an individual, business, or other organization)
have been commonly known by the domain name,
even if you have acquired no trademark or service
mark rights; or
(iii)
you are making a legitimate noncommercial or
fair use of the domain name, without intent
for commercial gain to misleadingly divert consumers
or to tarnish the trademark or service mark
at issue.
d. Selection
of Provider. The
complainant shall select the Provider from among
those approved by ICANN by submitting the complaint
to that Provider. The selected Provider will administer
the proceeding, except in cases of consolidation
as described in Paragraph 4(f).
e. Initiation
of Proceeding and Process and Appointment of Administrative
Panel. The Rules
of Procedure state the process for initiating
and conducting a proceeding and for appointing
the panel that will decide the dispute (the "Administrative
Panel").
f. Consolidation.
In the event of multiple disputes between you
and a complainant, either you or the complainant
may petition to consolidate the disputes before
a single Administrative Panel. This petition shall
be made to the first Administrative Panel appointed
to hear a pending dispute between the parties.
This Administrative Panel may consolidate before
it any or all such disputes in its sole discretion,
provided that the disputes being consolidated
are governed by this Policy or a later version
of this Policy adopted by ICANN.
g. Fees.
All fees charged by a Provider in connection with
any dispute before an Administrative Panel pursuant
to this Policy shall be paid by the complainant,
except in cases where you elect to expand the
Administrative Panel from one to three panelists
as provided in Paragraph
5(b)(iv) of the Rules of Procedure, in which
case all fees will be split evenly by you and
the complainant.
h. Our
Involvement in Administrative Proceedings.
We do not, and will not, participate in the administration
or conduct of any proceeding before an Administrative
Panel. In addition, we will not be liable as a
result of any decisions rendered by the Administrative
Panel.
i. Remedies.
The remedies available to a complainant pursuant
to any proceeding before an Administrative Panel
shall be limited to requiring the cancellation
of your domain name or the transfer of your domain
name registration to the complainant.
j. Notification
and Publication.
The Provider shall notify us of any decision made
by an Administrative Panel with respect to a domain
name you have registered with us. All decisions
under this Policy will be published in full over
the Internet, except when an Administrative Panel
determines in an exceptional case to redact portions
of its decision.
k. Availability
of Court Proceedings.
The mandatory administrative proceeding requirements
set forth in Paragraph 4 shall
not prevent either you or the complainant from
submitting the dispute to a court of competent
jurisdiction for independent resolution before
such mandatory administrative proceeding is commenced
or after such proceeding is concluded. If an Administrative
Panel decides that your domain name registration
should be canceled or transferred, we will wait
ten (10) business days (as observed in the location
of our principal office) after we are informed
by the applicable Provider of the Administrative
Panel's decision before implementing that decision.
We will then implement the decision unless we
have received from you during that ten (10) business
day period official documentation (such as a copy
of a complaint, file-stamped by the clerk of the
court) that you have commenced a lawsuit against
the complainant in a jurisdiction to which the
complainant has submitted under Paragraph
3(b)(xiii) of the Rules of Procedure. (In
general, that jurisdiction is either the location
of our principal office or of your address as
shown in our Whois database. See Paragraphs
1 and 3(b)(xiii)
of the Rules of Procedure for details.) If we
receive such documentation within the ten (10)
business day period, we will not implement the
Administrative Panel's decision, and we will take
no further action, until we receive (i) evidence
satisfactory to us of a resolution between the
parties; (ii) evidence satisfactory to us that
your lawsuit has been dismissed or withdrawn;
or (iii) a copy of an order from such court dismissing
your lawsuit or ordering that you do not have
the right to continue to use your domain name.
5. All
Other Disputes and Litigation.
All other disputes between you and any party other
than us regarding your domain name registration
that are not brought pursuant to the mandatory administrative
proceeding provisions of Paragraph
4 shall be resolved between you and such other
party through any court, arbitration or other proceeding
that may be available.
6. Our
Involvement in Disputes.
We will not participate in any way in any dispute
between you and any party other than us regarding
the registration and use of your domain name. You
shall not name us as a party or otherwise include
us in any such proceeding. In the event that we
are named as a party in any such proceeding, we
reserve the right to raise any and all defenses
deemed appropriate, and to take any other action
necessary to defend ourselves.
7. Maintaining
the Status Quo.
We will not cancel, transfer, activate, deactivate,
or otherwise change the status of any domain name
registration under this Policy except as provided
in Paragraph 3 above.
8. Transfers
During a Dispute.
a. Transfers
of a Domain Name to a New Holder.
You may not transfer your domain name registration
to another holder (i) during a pending administrative
proceeding brought pursuant to Paragraph
4 or for a period of fifteen (15) business
days (as observed in the location of our principal
place of business) after such proceeding is concluded;
or (ii) during a pending court proceeding or arbitration
commenced regarding your domain name unless the
party to whom the domain name registration is
being transferred agrees, in writing, to be bound
by the decision of the court or arbitrator. We
reserve the right to cancel any transfer of a
domain name registration to another holder that
is made in violation of this subparagraph.
b. Changing
Registrars. You
may not transfer your domain name registration
to another registrar during a pending administrative
proceeding brought pursuant to Paragraph
4 or for a period of fifteen (15) business
days (as observed in the location of our principal
place of business) after such proceeding is concluded.
You may transfer administration of your domain
name registration to another registrar during
a pending court action or arbitration, provided
that the domain name you have registered with
us shall continue to be subject to the proceedings
commenced against you in accordance with the terms
of this Policy. In the event that you transfer
a domain name registration to us during the pendency
of a court action or arbitration, such dispute
shall remain subject to the domain name dispute
policy of the registrar from which the domain
name registration was transferred.
9. Policy
Modifications.
We reserve the right to modify this Policy at any
time with the permission of ICANN. We will post
our revised Policy at <URL> at least thirty
(30) calendar days before it becomes effective.
Unless this Policy has already been invoked by the
submission of a complaint to a Provider, in which
event the version of the Policy in effect at the
time it was invoked will apply to you until the
dispute is over, all such changes will be binding
upon you with respect to any domain name registration
dispute, whether the dispute arose before, on or
after the effective date of our change. In the event
that you object to a change in this Policy, your
sole remedy is to cancel your domain name registration
with us, provided that you will not be entitled
to a refund of any fees you paid to us. The revised
Policy will apply to you until you cancel your domain
name registration.
Comments concerning
the layout, construction and functionality of this
site
should be sent to webmaster@icann.org.
Page Updated
07-Feb-2006
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