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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., "Registry Operator" refers to
Neulevel Inc. and "Services" refers to the domain name registration
provided by us as offered through __________________ ("RSP"). This
Agreement explains our obligations to you, and explains your
obligations to us for various Services. 2. .BIZ RESTRICTIONS.
Registrations in the .biz top level domain must be used or intended to
be used primarily for bona fide business or commercial purposes. For
the purposes of the .biz registration restrictions, "bona fide business
or commercial use" shall mean the bona fide use or bona fide intent to
use the domain name or any content, software, materials, graphics or
other information thereon, to permit Internet users to access one or
more host computers through the DNS: (i) to exchange goods, services,
or property of any kind; (ii) in the ordinary course of business; or
(iii) to facilitate (i) the exchange of goods, services, information or
property of any kind; or (ii) the ordinary course of trade or business.
For more information on the .biz restrictions, which are incorporated
herein by reference, please see
http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
3. SELECTION OF A DOMAIN NAME. You represent that: (i) 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, up-to-date and complete; (ii) 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; (iii) that the domain
name is not being registered for nor shall it at any time whatsoever be
used for any unlawful purpose whatsoever; (iv) the registered domain
name will be used primarily for bona fide business or commercial
purposes and not (a) exclusively for personal use, or (b) solely for
the purposes of (1) selling, trading or leasing the domain name for
compensation, or (2) the unsolicited offering to sell, trade or lease
the domain name for compensation; (v) you have the authority to enter
into this Registration Agreement; and (vi) the registered domain name
is reasonably related to your business or intended commercial purpose
at the time of registration. 4. 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. 5. 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. 6. 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 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://resellers.tucows.com/opensrs/legal 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. 7. 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. 8. 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://resellers.tucows.com/opensrs/legal. Please take the time to
familiarize yourself with this policy. 9. DOMAIN NAME DISPUTES. You
acknowledge having 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 Uniform Domain Name Dispute Resolution
Policy ("Dispute Policy), available at http://www.icann.org/udrp/; (ii)
The Restrictions Dispute Resolution Criteria and Rules ("RDRP"),
available at
http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;
(collectively, "Dispute Policies"). The Dispute Policy sets forth the
terms and conditions in connection with a dispute between a Registrant
and any party other than the Registry Operator or Registrar over the
registration and use of an Internet domain name registered by
Registrant. The RDRP sets forth the terms under which any allegation
that a domain name is not used primarily for business or commercial
purposes shall be endorsed on a case-by-case, fact specific basis by an
independent ICANN-accredited dispute provider. 10. 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. 11. 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. You acknowledge and agree that the domain name has not been
registered solely
for the purposes of selling, trading or leasing for compensation and
will be used for a business or commercial purpose. 12. 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. 13. 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. 14. 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 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. This indemnification
obligation will survive the termination or expiration of this
agreement. 15. TRANSFER OF OWNERSHIP. The person named as registrant on
the WHOIS shall be the registered name holder. The person named as
administrative contact at the time the controlling user name and
password are secured shall be deemed to be the designate of the
registrant with the authority to manage 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. 16. 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. 17. 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. 18. 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. 19. 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 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 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. 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. 20. 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. 21. 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 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.
22. 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. 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 following registration
if we believe the registration has been made possible by a mistake,
made either by us or by a third party. We also reserve the right to
suspend a domain name during resolution of a dispute. 23. 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.
24. 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. 25. 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. 26.
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 27. 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. 28.
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. 29. INFANCY. You attest that you are of legal age to enter
into this Agreement. 30. FOREIGN LANGUAGE: Controlling Language. In the
event that you are reading this agreement in a language other than the
English language, you acknowledge and agree that the English language
version hereof shall prevail in case of inconsistency or contradiction
in interpretation or translation. 31. 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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