APPENDIX
A
.name
Registration Agreement
1. AGREEMENT.
In this Registration Agreement ("Agreement") "you" and
"your" refer to the registrant of each domain name registration and/or
recipient of email forwarding services, "we", "us" and
"our" refer to TUCOWS Inc., "Registry Operator" refers to
The Global Name Registry Ltd. and "Services" refers to the domain name
registration and email forwarding provided by us as offered through Vancouver
Internet Inc. ("RSP"). This Agreement explains our obligations to you,
and explains your obligations to us for various Services.
2. .name RESTRICTIONS. Registrations in the .name top-level
domain must constitute an individual's "Personal Name". For purposes
of the .name restrictions (the "Restrictions"), a "Personal
Name" is a person's legal name, or a name by which the person is commonly
known. A "name by which a person is commonly known" includes, without
limitation, a pseudonym used by an author or painter, or a stage name used by a
singer or actor.
3. .name REPRESENTATIONS. As a .name domain name
Registrant, you hereby represent that:
(i) the registered domain name or second level domain ("SLD") email
address is your Personal Name.
(ii) the data provided in the domain name registration application is true,
correct, up to date and complete and that you will continue to keep all of the
information provided correct, current and complete,
(iii) to the best of the your knowledge and belief, neither this registration of
a domain name nor the manner in which it is directly or indirectly to be used
infringes upon the legal rights of a third party;
(iv) that the domain name is not being registered for nor shall it at any time
whatsoever be used for any unlawful purpose whatsoever;
(v) the registration satisfies the Eligibility Requirements found at https://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm;
and
(vi) you have the authority to enter into this Registration Agreement.
4. EMAIL FORWARDING SERVICES.
(i) The Services for which you have registered may, at your option, include
email forwarding. To the extent you opt to use email forwarding, you are obliged
to do so in accordance with all applicable legislation and are responsible for
all use of email forwarding, including the content of messages sent through
email forwarding.
(ii) You undertake to familiarize yourself with the content of and to comply
with the generally accepted rules for Internet and email usage. This includes,
but is not limited to the Acceptable Use Policy, available at https://www.theglobalname.org/
as well as the following restrictions. Without prejudice to the foregoing, you
undertake not to use email 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 email, junk mail, the use of distribution lists (mailing lists)
which include persons who have not specifically given their consent to be placed
on such distribution list. Users are not permitted to provide false names or in
any other way to pose as somebody else when using email forwarding.
(iii) Registry Operator reserves the right to implement additional anti-spam
measures, to block spam or mail from systems with a history of abuse from
entering Registry Operator's email forwarding. However, due to the nature of
such systems, which actively block messages, Registry Operator shall make public
any decision to implement such systems a reasonable time in advance, so as to
allow you or us to give feedback on the decision.
(iv) You understand and agree that Registry Operator may delete material that
does not conform to clause (c) above or that in some other way constitutes a
misuse of email forwarding. You further understand and agree that Registry
Operator is at liberty to block your access to email forwarding if you use email
forwarding in a way that contravenes this Agreement. You will be given prior
warning of discontinuation of the email forwarding unless it would damage the
reputation of Registry Operator or jeopardize the security of Registry Operator
or others to do so. Registry Operator reserves the right to immediately
discontinue email forwarding without notice if the technical stability of email
forwarding is threatened in any way, or if you are in breach of this Agreement.
On discontinuing email forwarding, Registry Operator is not obliged to store any
contents or to forward unsent email to you or a third party.
(v) You understand and agree that to the extent either we and/or Registry
Operator is required by law to disclose certain information or material in
connection with your email forwarding, either we and/or Registry Operator will
do so in accordance with such requirement and without notice to you.
5. FEES. As consideration for the Services you have
selected, you agree to pay the RSP the applicable service(s) fees. All fees
payable hereunder are non-refundable. As further consideration for the Services,
you agree to: (1) provide certain current, complete and accurate information
about you as required by the registration process and (2) maintain and update
this information as needed to keep it current, complete and accurate. All such
information shall be referred to as account information ("Account
Information"). By submitting this Agreement, you represent that the
statements in your Application are true, complete and accurate.
6. TERM. This Agreement shall remain in full force during
the length of the term of your domain name registration(s) as selected,
recorded, and paid for upon registration of the domain name. Should you choose
to renew or otherwise lengthen the term of your domain name registration, then
the term of this Registration Agreement shall be extended accordingly. Should
the domain name be transferred to another Registrar, the terms and conditions of
this contract shall cease.
7. MODIFICATIONS TO AGREEMENT. You agree that we may in our
sole discretion: (1) revise the terms and conditions of this Agreement; and (2)
change the services provided under this Agreement. You agree to be bound by any
such revision or change will which shall be effective immediately upon posting
on our web site or upon notification to you by e-mail or your country's postal
service pursuant to the Notices section of this Agreement. You agree to review
this Agreement as posted on our web site periodically to maintain an awareness
of any and all such revisions. If you do not agree with any revision to the
Agreement, you may terminate this Agreement at any time by providing us with
notice by e-mail or postal service pursuant to the Notices section of this
Agreement. Notice of your termination shall be effective after processing by us.
You agree that, by continuing the use of Services following notice of any
revision to this Agreement or change in service(s), you shall be bound by any
such revisions and changes. You further agree to be bound by the ICANN Uniform
Dispute Resolution Policy ("Dispute Policy") as presently written and
posted on https://www.opensrs.org/legal/udrp.shtml
and as shall be amended from time to time. You acknowledge that if you do not
agree to any such modifications, you may request that your domain name be
deleted from the domain name database. We will not refund any fees paid by you
if you terminate your agreement with us.
8. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of
your account information with us, you must use your Account Identifier and
Password that you selected when you opened your account with us. You agree to
safeguard your Account Identifier and Password from any unauthorized use. In no
event shall we be liable for the unauthorized use or misuse of your Account
Identifier or Password. You will not be able to transfer your domain name during
the first sixty (60) days following registration of the domain name with us.
Beginning on the sixty-first (61st) day following the registration, the policies
set forth at: https://www.opensrs.org/dotname_info.shtml
shall apply.
9. DOMAIN NAME DISPUTE POLICY. If you reserved or
registered a domain name through us, or transferred a domain name to us from
another registrar, you agree to be bound by the Dispute Policy that is
incorporated herein and made a part of this Agreement by reference. The current
version of the Dispute Policy may be found at https://www.opensrs.org/legal/udrp.shtml.
Please take the time to familiarize yourself with this policy. In addition, you
hereby acknowledge that you have read and understood and agree to be bound by
the terms and conditions of the following documents, as they may be amended from
time to time, which are hereby incorporated and made an integral part of this
Agreement.
(i) the Eligibility Requirements (the "Eligibility Requirements"),
available at https://www.icann.org.tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(ii) the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"),
available at https://www.icann.org.tlds/agreements/name/registry-agmt-appm-03jul01.htm;
and
(iii) the Uniform Domain Name Dispute Resolution Policy (the "UDRP"),
available at https://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
The Eligibility Requirements dictate that Personal Name domain names and
Personal Name SLD email addresses will be granted on a first-come, first-served
basis, except for registrations granted as a result of a dispute resolution
proceeding or during the landrush procedures in connection with the opening of
the Registry TLD. The following categories of Personal Name Registrations may be
registered: (i) the Personal Name of an individual; (ii) the Personal Name of a
fictional character, if you have trademark or service make rights in that
character's Personal Name; (iii) in addition to a Personal Name registration,
you may add numeric characters to the beginning or the end of the Personal Name
so as to differentiate it from other Personal Names.
The ERDRP applies to challenges to (i) registered domain names and SLD email
address registrations within .name on the grounds that a Registrant does not
meet the Eligibility Requirements, and (ii) to Defensive Registrations (as
defined by the Registry Operator) within .name.
The UDRP sets forth the terms and conditions in connection with a dispute
between a Registrant and party other than Global Name Registry ("Registry
Operator") or Registrar over the registration and use of an Internet domain
name registered by a Registrant.
10. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree
that we, in our sole discretion, may modify our dispute policy. We will post any
such revised policy on our Web site at least thirty (30) calendar days before it
becomes effective. You agree that, by maintaining the reservation or
registration of your domain name or SLD email address after modifications to the
dispute policy become effective, you have agreed to these modifications. You
acknowledge that if you do not agree to any such modification, you may terminate
this Agreement. We will not refund any fees paid by you if you terminate your
Agreement with us.
11. DOMAIN NAME DISPUTES. You agree that, if your use of
our domain name registration services is challenged by a third party, you will
be subject to the provisions specified in our dispute policy in effect at the
time of the dispute. You agree that in the event a domain name dispute arises
with any third party, you will indemnify and hold us harmless pursuant to the
terms and conditions set forth below in this agreement. If we are notified that
a complaint has been filed with a judicial or administrative body regarding your
use of our domain name registration services, you agree not to make any changes
to your domain name record without our prior approval. We may not allow you to
make changes to such domain name record until (i) we are directed to do so by
the judicial or administrative body, or (ii) we receive notification by you and
the other party contesting your registration and use of our domain name
registration services that the dispute has been settled. Furthermore, you agree
that if you are subject to litigation regarding your registration and use of our
domain name registration services, we may deposit control of your domain name
record into the Registry of the judicial body by supplying a party with a
Registrar certificate from us.
12. POLICY. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or transfer pursuant to any
Tucows, Registry Operator, ICANN or government-adopted policy, or pursuant to
any registrar or registry procedure not inconsistent with an ICANN or
government-adopted policy, (1) to correct mistakes by us or the applicable
Registry in registering the name or (2) for the resolution of disputes
concerning the domain name.
13. AGENCY. Should you intend to license use of a domain
name to a third party you shall nonetheless be the domain name holder of record
and are therefore responsible for providing your own full contact information
and for providing and updating accurate technical and administrative contact
information adequate to facilitate timely resolution of any problems that arise
in connection with the domain name. You shall accept liability for harm caused
by wrongful use of the domain name. You represent that you have provided notice
of the terms and conditions in this Agreement to a third party licensee and that
the third party agrees to the terms hereof.
14. ANNOUNCEMENTS. We reserve the right to distribute
information to you that is pertinent to the quality or operation of our services
and those of our service partners. These announcements will be predominately
informative in nature and may include notices describing changes, upgrades, new
products or other information to add security or to enhance your identity on the
Internet.
15. LIMITATION OF LIABILITY. You agree that our entire
liability, and your exclusive remedy, with respect to any Services(s) provided
under this Agreement and any breach of this Agreement is solely limited to the
amount you paid for such Service(s). Neither we nor our contractors or third
party beneficiaries shall be liable for any direct, indirect, incidental,
special or consequential damages resulting from the use or inability to use any
of the Services or for the cost of procurement of substitute services. Because
some jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, in such jurisdictions, our liability is
limited to the extent permitted by law. We disclaim any and all loss or
liability resulting from, but not limited to: (1) loss or liability resulting
from access delays or access interruptions; (2) loss or liability resulting from
data non-delivery or data miss-delivery; (3) loss or liability resulting from
acts of God; (4) loss or liability resulting from the unauthorized use or misuse
of your account identifier or password; (5) loss or liability resulting from
errors, omissions, or misstatements in any and all information or services(s)
provided under this Agreement; (6) loss or liability resulting from the
interruption of your Service. You agree that we will not be liable for any loss
of registration and use of your domain name, or for interruption of business, or
any indirect, special, incidental, or consequential damages of any kind
(including lost profits) regardless of the form of action whether in contract,
tort (including negligence), or otherwise, even if we have been advised of the
possibility of such damages. In no event shall our maximum liability exceed five
hundred ($500.00) dollars.
You agree that neither we nor the Registry Operator will have any liability of
any kind for any loss or liability resulting from (i) the processing of
registration requests prior to live SRS launch, including, without limitation,
your ability or inability to obtain a .name domain name or SLD email address
registration using these processes; or (ii) any dispute over any .name domain
name, SLD email address, Defensive Registration or NameWatch Registration (as
defined by the Registry Operator), including the decision of any dispute
resolution proceeding related to any of the foregoing.
16. INDEMNITY. You agree to release, indemnify, and hold
us, the Registry Operator, our contractors, agents, employees, officers,
directors, affiliates and third party beneficiaries harmless from all
liabilities, claims and expenses, including attorney's fees, of third parties
relating to or arising out of or relating to the domain name registered under
this Agreement, the Services provided hereunder or your use of the Services,
including without limitation infringement by you, or someone else using the
Service of any intellectual property or other proprietary right of any person or
entity, or from the violation of any of our operating rules or policy relating
to the Service(s) provided. You also agree to release, indemnify and hold both
us and the Registry Operator harmless pursuant to the terms and conditions
contained in the Dispute Policies. When we are threatened with suit by a third
party, we may seek written assurances from you concerning your promise to
indemnify us; your failure to provide those assurances shall be a breach of your
Agreement and may result in deactivation of your domain name. This
indemnification obligation will survive the termination or expiration of this
Agreement.
17. TRANSFER OF OWNERSHIP. The person named as Registrant
at the time the user name and password are secured shall be the owner of the
domain name. You agree that prior to transferring ownership of your domain name
to another person (the Transferee") you shall require the Transferee to
agree in writing to be bound by all the terms and conditions of this Agreement.
Your domain name will not be transferred until we receive such written
assurances or other reasonable assurance that the Transferee has been bound by
the contractual terms of this Agreement (such reasonable assurance as determined
by us in our sole discretion) along with the applicable transfer fee. If the
Transferee fails to be bound in a reasonable fashion (as determine by us in our
sole discretion) to the terms and conditions in this Agreement, any such
transfer will be null and void. You acknowledge that you will not be entitled to
change registrars during the first sixty (60) days following the registration of
your domain name.
18. BREACH. You agree that failure to abide by any
provision of this Agreement, any operating rule or policy or the Dispute Policy
provided by us, may be considered by us to be a material breach and that we may
provide a written notice, describing the breach, to you. If you fail to provide
evidence, which is reasonably satisfactory to us, that you have not breached
your obligations under the Agreement, then we may delete the registration or
reservation of your domain name. Any such breach by you shall not be deemed to
be excused simply because we did not act earlier in response to that, or any
other breach by you.
19. NO GUARANTY. You acknowledge that registration or
reservation of your chosen domain name does not confer immunity from objection
to either the registration, reservation, or use of the domain name.
20. DISCLAIMER OF WARRANTIES. You agree that your use of
our Services is solely at your own risk. You agree that such Service(s) is
provided on an "as is," "as available" basis. We expressly
disclaim all warranties of any kind, whether express or implied, including but
not limited to the implied warranties of merchantability, fitness for a
particular purpose and non-infringement. We make no warranty that the Services
will meet your requirements, or that the Service(s) will be uninterrupted,
timely, secure, or error free; nor do we make any warranty as to the results
that may be obtained from the use of the Service(s) or as to the accuracy or
reliability of any information obtained through the Service or that defects in
the Service will be corrected. You understand and agree that any material and/or
data downloaded or otherwise obtained through the use of Service is done at your
own discretion and risk and that you will be solely responsible for any damage
to your computer system or loss of data that results from the download of such
material and/or data. We make no warranty regarding any goods or services
purchased or obtained through the Service or any transactions entered into
through the Service. No advice or information, whether oral or written, obtained
by you from us or through the Service shall create any warranty not expressly
made herein.
21. INFORMATION. As part of the registration process, you
are required to provide us certain information and to update us promptly as such
information changes such that our records are current, complete and accurate.
You are obliged to provide us the following information:
(i) Your full name, postal address, e-mail address and voice telephone number
and fax number (if available) (or, if different, that of the domain name
holder);
(ii) The domain name being registered;
(iii) The name, postal address, e-mail address, and voice telephone number and
fax number (if available) telephone numbers of the administrative contact, the
technical contact and the billing contact for the domain name;
(iv) The IP addresses and names of the primary nameserver and any secondary
nameserver(s) for the domain name.
You acknowledge and agree that the foregoing registration data will be publicly
available and accessible on the Whois directory as required by ICANN and may be
sold in bulk in accordance with ICANN policy. You further understand and agree
that the foregoing registration data may be transferred internationally.
22. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You
agree and acknowledge that we will make domain name registration information you
provide available to ICANN, to the registry administrators, and to other third
parties as applicable. You further agree and acknowledge that we may make
publicly available, or directly available to third party vendors, some, or all,
of the domain name registration information you provide, for purposes of
inspection (such as through our WHOIS service) or other purposes as required or
permitted by ICANN and applicable laws.
You hereby consent to any and all such disclosures and use of information
provided by you in connection with the registration of a domain name (including
any updates to such information), whether during or after the term of your
registration of the domain name. You hereby irrevocably waive any and all claims
and causes of action you may have arising from such disclosure or use of your
domain name registration information by us.
You may access your domain name registration information in our possession to
review, modify or update such information, by accessing our domain manager
service, or similar service, made available by us through your RSP.
We will not process data about any identified or identifiable natural person
that we obtain from you in a way incompatible with the purposes and other
limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information we obtain from
you from our loss, misuse, unauthorized accessor disclosure, alteration or
destruction of that information.
23. REVOCATION. Your wilful provision of inaccurate or
unreliable information, your wilful failure promptly to update information
provided to us, or any failure to respond to inquiries by us addressed to the
email address of the registrant, the administrative, billing or technical
contact appearing in the "Whois" directory with respect to a domain
name concerning the accuracy of contact details associated with the your
registration shall constitute a material breach of this Agreement and be a basis
for cancellation of the domain name registration. Any information collected by
us concerning an identified or identifiable natural person ("Personal
Data") will be used in connection with the registration of your domain
name(s) and for the purposes of this Agreement and as required or permitted by
the ICANN Agreement or an ICANN/Registry Operator policy.
24. RIGHT OF REFUSAL. We, and/or Registry Operator, in our
sole discretion, reserve the right to refuse to register or reserve your chosen
domain name or register you for other Services, to protect the integrity and
stability of the Registry, to comply with any applicable laws, government rules
or requirements, requests of law enforcement, in compliance with the dispute
resolution process, or to avoid any liability, civil or criminal, on our part
and/or that of the Registry Operator, as well as our affiliates, subsidiaries,
officers, directors and employees. We and the Registry Operator reserve the
right to suspend a domain name during the resolution of a dispute.
In the event we do not register or reserve your domain name or register you for
other Services, or we delete your domain name or other Services within a thirty
(30) calendar day period, we agree to refund your applicable fee(s). You agree
that we shall not be liable to you for loss or damages that may result from our
refusal to register, reserve, or delete your domain name or register you for
other Services.
25. We reserve the right to delete or transfer your domain
name following registration if we believe the registration has been made
possible by a mistake, made either by us or by a third party.
26. 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.
27. NON-AGENCY. Nothing contained in this Agreement or the
Dispute Policies shall be construed as creating any agency, partnership, or
other form of joint enterprise between the parties.
28. 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.
29. NOTICES. Any notice, direction or other communication
given under this Agreement shall be in writing and given by sending it via
e-mail or via postal service. In the case of e-mail, valid notice shall only
have been deemed to be given when an electronic confirmation of delivery has
been obtained by the sender. In the case of e-mail, notifications must be sent
to us at lhutz@tucows.com, or in the case
of notification to you, to the e-mail address provided by you in your WHOIS
record. Any e-mail communication shall be deemed to have been validly and
effectively given on the date of such communication, if such date is a business
day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be
deemed to have been delivered on the next business day. In the case of regular
mail notice, valid notice shall be deemed to have been validly and effectively
given 5 business days after the date of mailing and, in the case of notification
to us or to RSP shall be sent to:
Our address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
Attention: Legal Affairs
and in the case of notification to
you shall be to the address specified in the "Administrative Contact"
in your WHOIS record
30. ENTIRETY. You agree that this Agreement, the rules and
policies published by Tucows, ICANN and/or the Registry Operator and the Dispute
Policy are the complete and exclusive agreement between you and us regarding our
Services. This Agreement and the Dispute Policy supersede all prior agreements
and understandings, whether established by custom, practice, policy or
precedent.
31. 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.
32. INFANCY. You attest that you are of legal age to enter
into this Agreement.
33. 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.