|
Legal Notices
>>
.ca Registration Agreement
Registrant
agrees to the terms and conditions of this Registration Agreement.
CA Registration
Agreement
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 organization or individual applying to register, transfer or renew an
.ca domain name via the agency of #1 Domain Names International and/or TUCOWS you accordingly agree as follows:
- 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 #1 Domain Names International,
Inc., the
Registration Service Provider (“Reseller”). CIRA shall refer to the
entity granted the exclusive right to administer the registry for .ca
domain name registrations.
- 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.
- FEES. As consideration for
the Services you have selected, you agree to pay to us, or #1 Domain Names
International 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.
If a charge
back by a credit card company (or similar action by another payment provider
allowed by #1 Domain Names International) is to occur in connection
with the registration fee for your domain name request, you acknowledge
and agree that the domain registration shall be transferred to #1 Domain
Names International as the paying entity for that registration to
the registry. We will reinstate your domain registration only at our discretion
and you (the registrant) are liable for the initial reinstatement fee, which at
the present time is set at US$100.00.
-
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.
- 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.
-
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.
- 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 Policymay
be found at the CIRA website. Please take the time to familiarize
yourself with this policy.
-
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.
- 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.
- 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 the domain 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).
- ANNOUNCEMENTS.
We and #1 Domain Names International 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.
- 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.
-
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 #1 Domain Names
International 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. This indemnification
obligation will survive the termination or expiration of this
Agreement.
- TRANSFER OF OWNERSHIP. Any
transfer of ownership in and to a domain name registration shall be
affected in accordance with CIRA policies and procedures.
- 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.
- 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.
-
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.
-
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:
- Your name and postal address (or, if different, that of the domain name holder);
- The domain name being registered;
- The name, postal address, e-mail address, and voice and fax
(if available) telephone numbers of the administrative contact for the
domain name;
- The name, postal address, e-mail address, and voice and fax
(if available) telephone numbers of the billing contact for the domain
name.
- 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 #1 Domain Names International.
- 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 #1 Domain Names International.
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
- REVOCATION. Your
willful
provision of inaccurate or unreliable information, your willful 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.
- 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.
- 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.
- 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.
- 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.
-
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 #1 Domain Names
International to
lhutz@tucows.com or
support@1dni.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 #1 Domain Names International shall be sent to:
TUCOWS Com Co
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
OR -
#1 DOMAIN NAMES INTERNATIONAL,
INC.
1043 Stafford Drive
Princeton, WV 24740
and in the case of notification to you shall be to the address specified in the “Administrative Contact” in your WHOIS record.
- 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.
-
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.
- INFANCY. You attest that you are of legal age to enter into this Agreement.
- 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.
- 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.
- 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.
|
