SCHEDULE A
Form of Registration
Agreement
1. AGREEMENT. In this Registration
Agreement ("Agreement") "you" and "your" refer to the registrant of each domain
name registration and/or recipient of email forwarding services, "we", "us" and
"our" refer to TUCOWS Inc., "Registry Operator" refers to The Global Name
Registry Ltd. and "Services" refers to the domain name registration and email
forwarding provided by us as offered through KJP Studios("RSP"). This
Agreement explains our obligations to you, and explains your obligations to us
for various Services.
2. .name RESTRICTIONS. Registrations in the
.name top-level domain must constitute an individual's "Personal Name". For
purposes of the .name restrictions (the "Restrictions"), a "Personal Name" is a
person's legal name, or a name by which the person is commonly known. A "name by
which a person is commonly known" includes, without limitation, a pseudonym used
by an author or painter, or a stage name used by a singer or actor.
3. .name REPRESENTATIONS. As a .name domain name Registrant, you
hereby represent that:
(i) the registered domain name or second level
domain ("SLD") email address is your Personal Name.
(ii) 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, current and complete,
(iii) 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;
(iv) that the domain name is not being registered for
nor shall it at any time whatsoever be used for any unlawful purpose whatsoever;
(v) the registration satisfies the Eligibility Requirements found at http://www.nic.name/corporate/page/72/124/index.html;
and
(vi) you have the authority to enter into this Registration
Agreement.
4. EMAIL FORWARDING SERVICES.
(i) The Services
for which you have registered may, at your option, include email forwarding. To
the extent you opt to use email forwarding, you are obliged to do so in
accordance with all applicable legislation and are responsible for all use of
email forwarding, including the content of messages sent through email
forwarding.
(ii) You undertake to familiarize yourself with the content
of and to comply with the generally accepted rules for Internet and email usage.
This includes, but is not limited to the Acceptable Use Policy, available at http://www.nic.name/corporate/downloads/aup.pdf
as well as the following restrictions. Without prejudice to the foregoing, you
undertake not to use email forwarding:
(a) to encourage, allow or
participate in any form of illegal or unsuitable activity, including but not
restricted to the exchange of threatening, obscene or offensive messages,
spreading computer viruses, breach of copyright and/or proprietary rights or
publishing defamatory material;
(b) to gain illegal access to systems or
networks by unauthorized access to or use of the data in systems or networks,
including all attempts at guessing passwords, checking or testing the
vulnerability of a system or network or breaching the security or access control
without the sufficient approval of the owner of the system or network;
(c) to interrupt data traffic to other users, servers or networks,
including, but not restricted to, mail bombing, flooding, Denial of Service
(DoS) attacks, wilful attempts to overload another system or other forms of
harassment; or
(d) for spamming, which includes, but is not restricted
to, the mass mailing of unsolicited email, junk mail, the use of distribution
lists (mailing lists) which include persons who have not specifically given
their consent to be placed on such distribution list. Users are not permitted to
provide false names or in any other way to pose as somebody else when using
email forwarding.
(iii) Registry Operator reserves the right to
implement additional anti-spam measures, to block spam or mail from systems with
a history of abuse from entering Registry Operator's email forwarding. However,
due to the nature of such systems, which actively block messages, Registry
Operator shall make public any decision to implement such systems a reasonable
time in advance, so as to allow you or us to give feedback on the decision.
(iv) You understand and agree that Registry Operator may delete material
that does not conform to clause (c) above or that in some other way constitutes
a misuse of email forwarding. You further understand and agree that Registry
Operator is at liberty to block your access to email forwarding if you use email
forwarding in a way that contravenes this Agreement. You will be given prior
warning of discontinuation of the email forwarding unless it would damage the
reputation of Registry Operator or jeopardize the security of Registry Operator
or others to do so. Registry Operator reserves the right to immediately
discontinue email forwarding without notice if the technical stability of email
forwarding is threatened in any way, or if you are in breach of this Agreement.
On discontinuing email forwarding, Registry Operator is not obliged to store any
contents or to forward unsent email to you or a third party.
(v) You
understand and agree that to the extent either we and/or Registry Operator is
required by law to disclose certain information or material in connection with
your email forwarding, either we and/or Registry Operator will do so in
accordance with such requirement and without notice to you.
5.
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.
6. 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.
7. MODIFICATIONS
TO AGREEMENT. You agree that we may in our sole discretion: (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://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.
8. 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. You will not
be able to transfer your domain name during the first sixty (60) days following
registration of the domain name with us. Beginning on the sixty-first (61st) day
following the registration, the policies set forth at: http://www.opensrs.org/dotname_info.shtml
shall apply.
9. 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. In addition, you
hereby acknowledge that you have 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 Eligibility Requirements (the "Eligibility
Requirements"), available at http://www.nic.name/corporate/page/72/124/index.html;
(ii) the Eligibility Requirements Dispute Resolution Policy (the
"ERDRP"), available at http://www.nic.name/corporate/downloads/erdrp.pdf;
and
(iii) the Uniform Domain Name Dispute Resolution Policy (the
"UDRP"), available at http://www.icann.org/udrp/udrp-policy-24oct99.htm.
The Eligibility Requirements dictate that Personal Name domain names and
Personal Name SLD email addresses will be granted on a first-come, first-served
basis, except for registrations granted as a result of a dispute resolution
proceeding or during the landrush procedures in connection with the opening of
the Registry TLD. The following categories of Personal Name Registrations may be
registered: (i) the Personal Name of an individual; (ii) the Personal Name of a
fictional character, if you have trademark or service make rights in that
character's Personal Name; (iii) in addition to a Personal Name registration,
you may add numeric characters to the beginning or the end of the Personal Name
so as to differentiate it from other Personal Names.
The ERDRP applies
to challenges to (i) registered domain names and SLD email address registrations
within .name on the grounds that a Registrant does not meet the Eligibility
Requirements, and (ii) to Defensive Registrations (as defined by the Registry
Operator) within .name.
The UDRP sets forth the terms and conditions in
connection with a dispute between a Registrant and party other than Global Name
Registry ("Registry Operator") or Registrar over the registration and use of an
Internet domain name registered by a Registrant.
10. DOMAIN NAME
DISPUTE POLICY MODIFICATIONS. You agree that we, in our sole discretion, may
modify our dispute policy. We will post any such revised policy on our Web site
at least thirty (30) calendar days before it becomes effective. You agree that,
by maintaining the reservation or registration of your domain name or SLD email
address 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 modification, you may terminate this Agreement. We will not refund any fees
paid by you if you terminate your Agreement with us.
11. DOMAIN NAME
DISPUTES. You agree that, if your use of our domain name registration
services is challenged by a third party, you will be subject to the provisions
specified in our 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 set forth
below in this agreement. If we are notified that a complaint has been filed with
a judicial or administrative body regarding your use of our domain name
registration services, you agree not to make any changes to your domain name
record without our prior approval. We may not allow you to make changes to such
domain name record until (i) we are directed to do so by the judicial or
administrative body, or (ii) we receive notification by you and the other party
contesting your registration and use of our domain name registration services
that the dispute has been settled. Furthermore, you agree that if you are
subject to litigation regarding your registration and use of our domain name
registration services, we may deposit control of your domain name record into
the Registry of the judicial body by supplying a party with a Registrar
certificate from us.
12. 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.
13. 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.
14. 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.
15. 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.
You agree that neither we nor the Registry
Operator will have any liability of any kind for any loss or liability resulting
from (i) the processing of registration requests prior to live SRS launch,
including, without limitation, your ability or inability to obtain a .name
domain name or SLD email address registration using these processes; or (ii) any
dispute over any .name domain name, SLD email address, Defensive Registration or
NameWatch Registration (as defined by the Registry Operator), including the
decision of any dispute resolution proceeding related to any of the foregoing.
16. 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
out of or relating to the domain name registered 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 both us and
the Registry Operator harmless pursuant to the terms and conditions contained in
the Dispute Policies. 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.
17. 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.
18.
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.
19. 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.
20. 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.
21. 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
voice 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 voice 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.
You acknowledge and agree
that the foregoing registration data will be publicly available and accessible
on the Whois directory as required by ICANN and may be sold in bulk in
accordance with ICANN policy. You further understand and agree that the
foregoing registration data may be transferred internationally.
22.
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.
23. 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.
24. 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, to protect
the integrity and stability of the Registry, to comply with any applicable laws,
government rules or requirements, requests of law enforcement, in compliance
with the dispute resolution process, or to avoid any liability, civil or
criminal, on our part and/or that of the Registry Operator, as well as our
affiliates, subsidiaries, officers, directors and employees. We and the Registry
Operator reserve the right to suspend a domain name during the resolution of a
dispute.
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 a 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.
25. 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.
26.
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.
27. 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.
28. 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
CANADA
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
29. 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.
30. 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.
31. INFANCY. You attest that you are of legal age to enter into
this Agreement.
32. 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.
33. 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.