EXHIBIT A
Form of Registration Agreement .Info
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 (“RSP”).
This Agreement explains our obligations to you, and explains your
obligations to us for various Services. If you are registering your
name during the finite period of time when owners of trademarks and
service marks issued prior to October 2, 2000 and having national
effect will have the exclusive opportunity to register identical domain
names (“Sunrise Period”), you agree to comply with the
procedures, terms and obligations. You acknowledge and agree that
registrations for domain names during the Sunrise Period will only
be accepted for a minimum registration term of five (5) years.
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.
FEES. As consideration for the Services you have selected, you agree
to pay the RSP the applicable service 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.
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.
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://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.
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 Policies that are incorporated
herein and made a part of this Agreement by reference. The current
version of the general registration 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. This indemnification
obligation will survive the termination or expiration of this Agreement.
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. 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:
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.
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 accessor 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 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. 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
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.
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.
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.