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
Dala Web, 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.dalaweb.net/domains/udrp.htm.
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 wilful provision of
inaccurate or unreliable information, your
wilful failure promptly to update information
provided to us, or your failure to respond for
over fifteen 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.
SEVERABILITY. You agree that the
terms of this Agreement are severable. If any
term or provision is declared invalid or
unenforceable, that term or provision will be
construed consistent with applicable law as
nearly as possible to reflect the original
intentions of the parties, and the remaining
terms and provisions will remain in full force
and effect.
23.
NON-AGENCY. Nothing contained in this
Agreement or the Dispute Policy shall be
construed as creating any agency, partnership,
or other form of joint enterprise between the
parties.
24.
NON-WAIVER. Our failure to require
performance by you of any provision hereof shall
not affect the full right to require such
performance at any time thereafter; nor shall
the waiver by us of a breach of any provision
hereof be taken or held to be a waiver of the
provision itself.
25.
NOTICES. Any notice, direction or
other communication given under this Agreement
shall be in writing and given by sending it via
e-mail or via regular mail. In the case of
e-mail, valid notice shall only have been deemed
to have been given when an electronic
confirmation of delivery has been obtained by
the sender. In the case of e-mail notification
to us
lhutz@Tucows.com
or to the RSP
dalacap@dalacap.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 -
Dala Web, 3419 Via Lido #207, Newport Beach, CA
92663 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.