APPENDIX A
Form of
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 .tv domain name
registration provided by us as offered through IT
Solutions Group, Inc (“RSP”). This Agreement
explains our obligations to you, and explains your
obligations to us for various 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 have selected, you agree to pay 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. Failure to
maintain accurate information will be considered a
material breach of this Agreement and will entitle
us to delete your domain name registration.
4.
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.
5.
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. 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.
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.opensrs.org/legal/udrp.shtml.
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.
9.
POLICY. You agree that your
registration of the .tv domain name shall be subject
to suspension, cancellation, or transfer pursuant to
any 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. You acknowledge that you have reviewed the .tv
General Terms of Service which may be found at:
http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml
and expressly agree to the terms outlined therein.
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 a 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). 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 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. In no event shall our maximum
liability exceed five hundred ($500.00) dollars.
13.
INDEMNITY. You agree to release,
indemnify, and hold us, our contractors, agents,
employees,officers, directors, affiliates and third
party beneficiaires 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.
14.
TRANSFER OF OWNERSHIP.
The person named as administrative contact 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). 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
either 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;
(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.
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 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.
20.
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.
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 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.
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 agreements 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.
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.
