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MODIFICATIONS TO AGREEMENT. You agree
that we may: (1) revise the terms and conditions of this Agreement;
and (2) change the services provided under this Agreement.
You agree to be bound by any such revision or change will which
shall be effective immediately upon posting on our web site
or upon notification to you by e-mail or your country’s
postal service pursuant to the Notices section of this Agreement.
You agree to review this Agreement as posted on our web site
periodically to maintain an awareness of any and all such revisions.
If you do not agree with any revision to the Agreement, you
may terminate this Agreement at any time by providing us with
notice by e-mail or postal service pursuant to the Notices section
of this Agreement. Notice of your termination shall be
effective after processing by us. You agree that, by continuing
the use of Services following notice of any revision to this
Agreement or change in service(s), you shall be bound by any
such revisions and changes. If you have registered your
name during the Sunrise Period, you agree to be bound by the
Sunrise Dispute Resolution Policy (“Sunrise Dispute Policy”)
found at (http://www.afilias.com/faq/sunrise-challenge.html).
You further agree to be bound by the ICANN Uniform Dispute Resolution
Policy (“Dispute Policy”) as presently written and
posted on http://www.opensrs.org/legal/udrp.shtml
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.
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.
DOMAIN NAME DISPUTE POLICY. If you reserved or
registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound by
the Dispute Policy that is incorporated herein and made a part
of this Agreement by reference. The current version of
the Dispute Policy may be found at
http://www.opensrs.org/legal/udrp.shtml. Please
take the time to familiarize yourself with this policy.
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
Sunrise Dispute Policy or the Dispute Policy, as applicable.
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 Sunrise Dispute
Policy or Dispute Policy, as applicable.
POLICY. You agree that your registration of the
domain name shall be subject to suspension, cancellation, or
transfer pursuant to a Tucows, Registry Operator, ICANN or government-adopted
policy, or pursuant to any registrar or registry procedure not
inconsistent with a Tucows, Registry Operator, 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.
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.
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.
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.
INDEMNITY. You agree to release, indemnify, and hold
us, 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.
TRANSFER OF OWNERSHIP. The person named as registrant
at the time the user name and password are secured shall be
the owner of the domain name. You agree that prior to transferring
ownership of your domain name to another person (the Transferee")
you shall require the Transferee to agree in writing to be bound
by all the terms and conditions of this Agreement. Your domain
name will not be transferred until we receive such written assurances
or other reasonable assurance that the Transferee has been bound
by the contractual terms of this Agreement (such reasonable
assurance as determined by us in our sole discretion) 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.
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.
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.
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:
(i) Your name and postal address (or, if different, that of
the domain name holder); (ii) The domain name being registered;
(iii) The name, postal address, e-mail address, and voice and
fax (if available) telephone numbers of the administrative contact
for the domain name; (iv) The name, postal address, e-mail address,
and voice and fax (if available) telephone numbers of the billing
contact for the domain name. Any other information, which we
request from you at registration, is voluntary. Any voluntary
information we request is collected for the purpose of improving
the products and services offered to you through your RSP.
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 access or disclosure, alteration
or destruction of that information.
REVOCATION. Your wilful provision of inaccurate
or unreliable information, your wilful failure promptly to update
information provided to us, or your failure to respond for over
fifteen (15) calendar days to inquiries by us concerning the
accuracy of contact details associated with the your registration
shall constitute a material breach of this Agreement and be
a basis for cancellation of the domain name registration.
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. We also reserve
the right to suspend a domain name during resolution of any
dispute.
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 Policies 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 postal service. In the case of
e-mail, valid notice shall only have been deemed to have been
given when an electronic confirmation of delivery has been obtained
by the sender. In the case of e-mail, notifications must be
sent to us at lhutz@tucows.com,
or 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.
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.
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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Acceptance
of Agreement
