1. AGREEMENT.
In this Registration Agreement
("Agreement") "you" and
"your" refer to each customer,
"we", us" and "our"
refer to Tucows.com Inc. and
"Services" refers to the domain name
registration provided by us as offered through
Suresurv.com
the Registration Service Provider
("RSP"). This Agreement explains our
obligations to you, and explains your
obligations to us for various Services.
2. SELECTION OF
A DOMAIN NAME. You represent that, to the best
of the your knowledge and belief, neither the
registration of the SLD name nor the manner in
which it is directly or indirectly used
infringes the legal rights of a third party
and that the Domain Name is not being
registered for any unlawful purpose.
3. FEES. As
consideration for the services you have
selected, you agree to pay to us, or your
respective RSP who remits payment to us on
your behalf, the applicable 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"). You, by completing and
submitting this Agreement represent that the
statements in your application are true.
4. TERM. You
agree that the Registration Agreement will
remain in full force during the length of the
term of your Domain Name Registration. Should
you choose to renew or otherwise lengthen the
term of your Domain Name Registration, then
the term of this Registration Agreement will
be extended accordingly. This Agreement will
remain in full force during the length of the
term of your Domain Name Registration 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 will be
extended accordingly. Should you transfer your
domain name or should the domain name
otherwise be transferred due to another
Registrar, the terms and conditions of this
contract shall cease and shall be replaced by
the contractual terms in force for the purpose
of registering domain names then in force
between SLD holders and the new Registrar.
5.
MODIFICATIONS TO AGREEMENT. You agree, during
the period of this Agreement, that we may: (1)
revise the terms and conditions of this
Agreement; and (2) change the services
provided under this Agreement. Any such
revision or change will be binding and
effective immediately on posting of the
revised Agreement or change to the service(s)
on our web site, or on notification to you by
e-mail or regular mail as per the Notices
section of this agreement. You agree to review
our web site, including the Agreement,
periodically to be aware of any such
revisions. If you do not agree with any
revision to the Agreement, you may terminate
this Agreement at any time by providing us
with notice by e-mail or regular mail as per
the Notices section of this agreement. Notice
of your termination will be effective on
receipt and processing by us. You agree that,
by continuing to use the Services following
notice of any revision to this Agreement or
change in service(s), you shall abide by any
such revisions or changes. You further agree
to abide by the ICANN Uniform Dispute
Resolution Policy ("Dispute Policy")
as amended from time to time. You agree that,
by maintaining the reservation or registration
of your domain name after modifications to the
Dispute Policy become effective, you have
agreed to these modifications. You acknowledge
that if you do not agree to any such
modifications, you may request that your
domain name be deleted from the domain name
database.
6.
MODIFICATIONS TO YOUR ACCOUNT. In order to
change any of your account information with
us, you must use your Account Identifier and
Password that you selected when you opened
your account with us. Please safeguard your
Account Identifier and Password from any
unauthorized use. In no event will we be
liable for the unauthorized use or misuse of
your Account Identifier or Password.
7. DOMAIN NAME
DISPUTE POLICY. If you reserved or registered
a domain name through us, or transferred a
domain name to us from another registrar, you
agree to be bound by the Dispute Policy which
is incorporated herein and made a part of this
Agreement by reference. The current version of
the Dispute Policy may be found at http://www.opensrs.org/legal/udrp.shtml.
Please take the time to familiarize yourself
with this policy.
8. DOMAIN NAME
DISPUTES. You agree that, if the registration
or reservation of your domain name is
challenged by a third party, you will be
subject to the provisions specified in the
Dispute Policy in effect at the time of the
dispute. You agree that in the event a domain
name dispute arises with any third party, you
will indemnify and hold us harmless pursuant
to the terms and conditions contained in the
Dispute Policy. For any dispute, you agree to
submit to the jurisdiction of the courts of
The Province of Ontario.
9. ICANN
POLICY. You agree that your registration of
the SLD name shall be subject to suspension,
cancellation, or transfer pursuant to any
ICANN-adopted policy, or pursuant to any
registrar or registry procedure not
inconsistent with an ICANN-adopted policy, (1)
to correct mistakes by Registrar or the
Registry in registering the name or (2) for
the resolution of disputes concerning the SLD
name.
10. AGENCY.
Should you intend to license use of a domain
name to a third party you shall nonetheless be
the SLD 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 SLD. You shall accept
liability for harm caused by wrongful use of
the SLD, unless you promptly disclose the
identity of the licensee to the party
providing you reasonable evidence of
actionable harm. You also represent that you
have provided notice of the terms and
conditions in this Agreement to the third
party and that the third party agrees to the
terms of Disclosure and Use of Registration
Information (sections 18 and 19 of this
Agreement).
11.
ANNOUNCEMENTS. We and the RSP reserve the
right to distribute information to you that is
pertinent to the quality or operation of our
services and those of our service partners.
These announcements will be predominately
informative in nature and may include notices
describing changes, upgrades, new products or
other information to add security or to
enhance your identity on the Internet.
12. LIMITATION
OF LIABILITY. You agree that our entire
liability, and your exclusive remedy, with
respect to any Services(s) provided under this
Agreement and any breach of this Agreement is
solely limited to the amount you paid for such
Service(s). We and our contractors shall not
be liable for any direct, indirect,
incidental, special or consequential damages
resulting from the use or inability to use any
of the Services or for the cost of procurement
of substitute services. Because some 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. In no event shall
our maximum liability exceed five hundred
($500.00) dollars.
13. INDEMNITY.
You agree to release, indemnify, and hold us,
our contractors, agents, employees, officers,
directors and affiliates harmless from all
liabilities, claims and expenses, including
without limitation Network Solutions, Inc.,
and the directors, officers, employees and
agents of each of them, 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 with
your computer, of any intellectual property or
other proprietary right of any person or
entity, or from the violation of any of our
operating rules or policy relating to the
service(s) provided. You also agree to
release, indemnify and hold us harmless
pursuant to the terms and conditions contained
in the Dispute Policy. When we are threatened
with suit by a third party, we may seek
written assurances from you concerning your
promise to indemnify us; your failure to
provide those assurances may be considered by
us to be a breach of your Agreement and may
result in deactivation of your domain name.
14. TRANSFER OF
OWNERSHIP. The person named as administrative
contact at the time the controlling user name
and password are secured shall be the owner of
the domain name. You agree that prior to
transferring ownership of your domain name to
another person (the Transferee") you
shall require the Transferee to agree, in
writing to be bound by all the terms and
conditions of this Agreement. Your domain name
will not be transferred until we receive such
written assurances or other reasonable
assurance that the Transferee has been bound
by the contractual terms of this Agreement
(such reasonable assurance as determined by us
in our sole discretion) along with the
applicable transfer fee. If the Transferee
fails to be bound in a reasonable fashion (as
determine by us in our sole discretion) to the
terms and conditions in this Agreement, any
such transfer will be null and void.
15. BREACH. You
agree that failure to abide by any provision
of this Agreement, any operating rule or
policy or the Dispute Policy provided by us,
may be considered by us to be a material
breach and that we may provide a written
notice, describing the breach, to you. If
within thirty (30) calendar days of the date
of such notice, you fail to provide evidence,
which is reasonably satisfactory to us, that
you have not breached your obligations under
the Agreement, then we may delete the
registration or reservation of your domain
name. Any such breach by you shall not be
deemed to be excused simply because we did not
act earlier in response to that, or any other
breach by you.
16. NO
GUARANTY. You agree that, by registration or
reservation of your chosen domain name, such
registration or reservation does not confer
immunity from objection to either the
registration, reservation, or use of the
domain name.
17. DISCLAIMER
OF WARRANTIES. You agree that your use of our
Services is solely at your own risk. You agree
that such Service(s) is provided on an
"as is," "as available"
basis. We expressly disclaim all warranties of
any kind, whether express or implied,
including but not limited to the implied
warranties of merchantability, fitness for a
particular purpose and non-infringement. We
make no warranty that the Services will meet
your requirements, or that the Service(s) will
be uninterrupted, timely, secure, or error
free; nor do we make any warranty as to the
results that may be obtained from the use of
the Service(s) or as to the accuracy or
reliability of any information obtained
through the Service or that defects in the
Service will be corrected. You understand and
agree that any material and/or data downloaded
or otherwise obtained through the use of
Service is done at your own discretion and
risk and that you will be solely responsible
for any damage to your computer system or loss
of data that results from the download of such
material and/or data. We make no warranty
regarding any goods or services purchased or
obtained through the Service or any
transactions entered into through the Service.
No advice or information, whether oral or
written, obtained by you from us or through
the Service shall create any warranty not
expressly made herein.
18.
INFORMATION. As part of the registration
process, you are required to provide us
certain information and to update us promptly
as such information changes such that our
records are current, complete and accurate.
You are obliged to provide us the following
information:
i) Your name
and postal address (or, if different, that of
the domain name holder);
ii) The domain
name being registered
iii) The name,
postal address, e-mail address, and voice and
fax (if available) telephone numbers of the
administrative contact for the domain name.
iv) The name,
postal address, e-mail address, and voice and
fax (if available) telephone numbers of the
billing contact for the domain name.
Any other
information which we request from you at
registration is voluntary. Any voluntary
information we request is collected such that
we can continue to improve the products and
services offered to you through your RSP.
19. DISCLOSURE
AND USE OF REGISTRATION INFORMATION. You agree
and acknowledge that we will make domain name
registration information you provide available
to ICANN, to the registry administrators, and
to other third parties as ICANN and applicable
laws may require or permit. You further agree
and acknowledge that we may make publicly
available, or directly available to third
party vendors, some, or all, of the domain
name registration information you provide, for
purposes of inspection (such as through our
WHOIS service) or other purposes as required
or permitted by ICANN and the applicable laws.
You hereby
consent to any and all such disclosures and
use of, and guidelines, limits and
restrictions on disclosure or use of,
information provided by you in connection with
the registration of a domain name (including
any updates to such information), whether
during or after the term of your registration
of the domain name. You hereby irrevocably
waive any and all claims and causes of action
you may have arising from such disclosure or
use of your domain name registration
information by us.
You may access
your domain name registration information in
our possession to review, modify or update
such information, by accessing our domain
manager service, or similar service, made
available by us through your RSP.
We will not
process data about any identified or
identifiable natural person that we obtain
from you in a way incompatible with the
purposes and other limitations which we
describe in this Agreement.
We will take
reasonable precautions to protect the
information we obtain from you from our loss,
misuse, unauthorized access or disclosure,
alteration or destruction of that information.
20. REVOCATION.
Your willful provision of inaccurate or
unreliable information, your willful failure
promptly to update information provided to us,
or your failure to respond for over fifteen
calendar days to inquiries by us concerning
the accuracy of contact details associated
with the your registration shall constitute a
material breach of this Agreement and be a
basis for cancellation of the SLD
registration.
21. RIGHT OF
REFUSAL. We, in our sole discretion, reserve
the right to refuse to register or reserve
your chosen domain name or register you for
other Services within thirty (30) calendar
days from receipt of your payment for such
services. In the event we do not register or
reserve your domain name or register you for
other Services, or we delete your domain name
or other Services within such thirty (30)
calendar day period, we agree to refund your
applicable fee(s). You agree that we shall not
be liable to you for loss or damages that may
result from our refusal to register, reserve,
or delete your domain name or register you for
other Services.
22. SEVER
ABILITY. You agree that the terms of this
Agreement are severable. If any term or
provision is declared invalid or
unenforceable, that term or provision will be
construed consistent with applicable law as
nearly as possible to reflect the original
intentions of the parties, and the remaining
terms and provisions will remain in full force
and effect.
23. NON-AGENCY.
Nothing contained in this Agreement or the
Dispute Policy shall be construed as creating
any agency, partnership, or other form of
joint enterprise between the parties.
24. NON-WAIVER.
Our failure to require performance by you of
any provision hereof shall not affect the full
right to require such performance at any time
thereafter; nor shall the waiver by us of a
breach of any provision hereof be taken or
held to be a waiver of the provision itself.
25. NOTICES.
Any notice, direction or other communication
given under this Agreement shall be in writing
and given by sending it via e-mail or via
regular mail. In the case of e-mail, valid
notice shall only have been deemed to have
been given when an electronic confirmation of
delivery has been obtained by the sender. In
the case of e-mail notification to us or to
the RSP to lhutz@Tucows.com
or info@suresurv.com
or, in the case of notice to you, at the
e-mail address provided by you in your WHOIS
record. Any e-mail communication shall be
deemed to have been validly and effectively
given on the date of such communication, if
such date is a business day and such delivery
was made prior to 4:00 p.m. EST, otherwise it
will be deemed to have been delivered on the
next business day. In the case of regular mail
notice, valid notice shall be deemed to have
been validly and effectively given 5 business
days after the date of mailing and, in the
case of notification to us or to the RSP shall
be sent to:
Tucows.com Inc.
Registrant Affairs Office 96 Mowat Avenue
Toronto, Ontario M6K 3M1
-
OR -
Suresurv.com
division of
Corporate Computing, Inc.
215 Bres avenue
Monroe, La 71201
(318) 387-5992
(318) 325-7186
and
in the case of notification to you shall be to
the address specified in the
"Administrative Contact" in your
WHOIS record.
26.
ENTIRETY. You agree that this Agreement, the
rules and policies published by us and the
Dispute Policy are the complete and exclusive
agreement between you and us regarding our
Services. This Agreement and the Dispute
Policy supersede all prior agreements and
understandings, whether established by custom,
practice, policy or precedent.
27.
GOVERNING LAW. THIS AGREEMENT SHALL BE
GOVERNED BY AND INTERPRETED AND ENFORCED IN
ACCORDANCE WITH THE LAWS OF PROVINCE OF
ONTARIO AND THE FEDERAL LAWS OF CANADA
APPLICABLE THEREIN WITHOUT REFERENCE TO RULES
GOVERNING CHOICE OF LAWS. ANY ACTION RELATING
TO THIS AGREEMENT MUST BE BROUGHT IN ONTARIO
AND YOU IRREVOCABLY CONSENT TO THE
JURISDICTION OF SUCH COURTS.
28.
INFANCY. You attest that you are of legal age
to enter into this Agreement.
29.
ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT
YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL
ITS TERMS AND CONDITIONS. YOU HAVE
INDEPENDENTLY EVALUATED THE DESIRABILITY OF
THE SERVICE AND ARE NOT RELYING ON ANY
REPRESENTATION AGREEMENT., GUARANTEE OR
STATEMENT OTHER THAN AS SET FORTH IN THIS
AGREEMENT.
