In order that a party may
hold a valid .ca domain name
registration, TUCOWS, requires that all registrants adhere to certain
terms and conditions. As an
organisation or individual applying to register, transfer or renew an
.ca domain name via the agency of arbordomains.com and/or TUCOWS
you accordingly agree as follows:
1.
AGREEMENT. In this Registration Agreement ("Agreement") , "we", us" and "our" refer to TUCOWS Inc. and
“Services” refers to the domain name registration, transfer or renewal services
provided by us as offered through arbordomains.com ("Arbor Domains"), the Registration Service
Provider (“RSP”). CIRA shall refer to the entity granted the exclusive right to
administer the registry for .ca domain name registrations.
2.
SELECTION OF A DOMAIN NAME. 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 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 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 this Agreement
will remain in full force during the
term of your domain name registration as selected, recorded, and paid
for upon registration of the domain name.
Should you choose to renew the
term of your domain name registration, then the term of this Agreement will be
extended accordingly. Should you
transfer your domain name or should the domain name otherwise be transferred to
another Registrar, the terms and conditions of this contract shall cease and
shall be replaced by the contractual terms in force between domain name
registrants 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 CIRA 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 the CIRA website. 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.
9.
CIRA POLICY. You agree that your
registration of the domain name shall
be subject to suspension, cancellation, or transfer pursuant to any
CIRA-adopted policy, or pursuant to any registrar or registry procedure not
inconsistent with an CIRA-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.
10.
AGENCY. Should you intend to license
use of a domain name to a third party you shall nonetheless be the domain name
registrant 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 thedomain name. 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
jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, in such jurisdictions, our liability is
limited to the extent permitted by law. We disclaim any and all loss or
liability resulting from, but not limited to: (1) loss or liability resulting
from access delays or access interruptions; (2) loss or liability resulting
from data non-delivery or data mis-delivery; (3) loss or liability resulting
from acts of God; (4) loss or liability resulting from the unauthorized use or
misuse of your account identifier or password; (5) loss or liability resulting
from errors, omissions, or misstatements in any and all information or
services(s) provided under this Agreement; (6) loss or liability resulting from
the interruption of your Service. You agree that we will not be liable for any
loss of registration and use of your domain name, or for interruption of
business, or any indirect, special, incidental, or consequential damages of any
kind (including lost profits) regardless of the form of action whether in
contract, tort (including negligence), or otherwise, even if we have been
advised of the possibility of such damages.
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 attorney's fees, from claims by
third parties, including but not limited to the RSP and CIRA 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 CIRA 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. Any transfer of ownership in
and to a domain name registration shall be affected in accordance with CIRA
policies and procedures.
15.
BREACH. You agree that failure to
abide by any provision of this Agreement, any operating rule or policy or the
Dispute Policy, 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.
(v)
The Internet
Protocol number of the primary name server and secondary name server(s) for
each domain name registration and the corresponding names of those name
servers.
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 CIRA, to the
registry administrators, and to other third parties as CIRA 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 CIRA 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 accessor 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 domain name 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 or to the RSP to lhutz@tucows.com
or support@arbordomains.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 Co
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
OR -
Arbor Domains & Hosting
19 Shea Way, Suite 306
Newark, DE 19713
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.
INCONSISTENCIES WITH CIRA. In the event that this Agreement may be
inconsistent with any term, condition , policy or procedure of CIRA, the term,
condition, policy or procedure of CIRA shall prevail.
30.
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.
