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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 domain
name registration provided by us as offered through
________________________, the Registration Service Provider
("Reseller"). This Agreement explains our obligations to you, and
explains your obligations to us for the 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 agree to pay Reseller 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 Account Information and all other
statements put forth in your application are true, complete and
accurate. Both Tucows and the Registry reserve the right to terminate
your domain name registration if: (i) information provided by you or
your agent is false, inaccurate, incomplete, unreliable, misleading or
otherwise secretive; or (ii) you have failed to maintain, update and
keep your Account Information true, current, complete, accurate and
reliable. You acknowledge that a breach of this Section 3 will
constitute a material breach of our Agreement which will entitle either
us or the Registry to terminate this Agreement immediately upon such
breach without any refund and without notice to you. 4. TERM. 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 the domain name be transferred to another Registrar, the terms
and conditions of this contract shall cease. 5. MODIFICATIONS TO
AGREEMENT. You agree that either we or the Registry 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 website 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.icann.org/udrp.udrp-policy-24oct99.htm
and as such 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.icann.org/udrp.udrp-policy-24oct99.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. 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 you, the registrant?s domicile, and the
courts where we, Tucows, are located. 9. POLICY. You agree that your
registration of the domain name shall be subject to suspension,
cancellation, or transfer pursuant to a Tucows, Registry, ICANN or
government-adopted policy, or pursuant to any registrar or registry
procedure not inconsistent with a Tucows, Registry, ICANN or
government-adopted policy, (1) to correct mistakes by us 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 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 any
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). 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. 13. INDEMNITY. You agree to release, indemnify, and hold us,
our contractors, agents, employees, officers, directors and affiliates
and the Registry, Public Interest Registry, and its directors,
officers, employees, agents and affiliates 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 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. This indemnification
obligation will survive the termination or expiration of this
Agreement. 14. 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 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.
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 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;
and (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 Reseller. 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, 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 Reseller. 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 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.
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 regular mail. 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 notification to us or to Reseller to
lhutz@tucows.com or [Insert E-mail Address forReseller] 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 Reseller
shall be sent to: TUCOWS Inc.
Registrant Affairs Office
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 as 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. FORCE MAJEURE. You
acknowledge and agree that neither we nor the Registry shall be
responsible for any failures or delays in performing our respective
obligations hereunder arising from any cause beyond our reasonable
control, including but not limited to, acts of God, acts of civil or
military authority, fires, wars, riots, earthquakes, storms, typhoons
and floods. 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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