APPENDIX
A
Form
of Registration Agreement
1.
AGREEMENT. In
this Registration Agreement ("Agreement") "you" and
"your" refer to the registrant of each domain name registration, "we", us" and
"our" refer to TUCOWS Inc. and
Services refers to the .tv domain name registration provided by us as
offered through PROGRAMMEURS REUNIS (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 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.
3.
FEES. As
consideration for the Services you have selected, you agree to pay 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. Failure to
maintain accurate information will be considered a material breach of this
Agreement and will entitle us to delete your domain name registration.
4.
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.
5.
MODIFICATIONS TO AGREEMENT. You agree that we may: (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 "http://www.opensrs.org/legal/udrp.shtml" http://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.
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.
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.
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.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. 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.
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.
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 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.
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 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 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, affiliates and
third party beneficiaires harmless from all liabilities, claims and expenses,
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 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 shall 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 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). 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 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.
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 for the purpose of improving 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 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.
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 (15) 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. 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.
We reserve the right to delete or
transfer your domain name within a thirty (30) day period following
registration if we believe the registration has been made possible by a
mistake, made either by us or by a third party.
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 postal service. 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, notifications must be sent to us at lhutz@tucows.com or
notification@progreunis.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.
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.
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.
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