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Exhibit A
Registration Agreement
1. IN THIS REGISTRATION AGREEMENT ("Agreement"),
"Registrant", "you" and "your" refers to the
Registrant of each domain name registration, "we",
"us" and "our" refers to Tucows.com Co., and
"Services" refers to the domain name registration services
provided by us as offered through Ken Jones/Kay Jay Systems, the
Registration Service Provider ("Reseller"). Any reference to a
"registry", "Registry" or "Registry
Operator" shall refer to the registry administrator of the applicable
TLD or ccTLD. This Agreement explains our obligations to you, and explains
your obligations to us for the Services. By agreeing to the terms and
conditions set forth in this Agreement, you are also agreeing to be bound
by the rules and regulations set forth by a registry for that particular
registry only.
2. SELECTION OF A DOMAIN NAME. You acknowledge and agree that we
cannot guarantee that you will obtain a desired domain name registration,
even if an inquiry indicates that a domain name is available at the time
of your application for same. 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 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. During the period following registration of a domain
name and the appointment of active name servers, we may post a stagnant
web page and any revenues generated from same shall be for our own
account.
3. FEES. As consideration for the Services, you agree to pay
Reseller the applicable service(s) fees prior to the effectiveness of a
desired domain name registration or any renewal thereof. All fees payable
hereunder are non-refundable even if your domain name registration is
suspended, cancelled or transferred prior to the end of your current
registration term. 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 represent that the Account
Information and all other statements put forth in your application are
true, complete and accurate. Both Tucows and each registry reserves the
right to terminate your domain name registration if: (i) information
provided by you or your agent is false, inaccurate, incomplete,
unreliable, misleading or otherwise secretive; or (ii) you have failed to
maintain, update and keep your Account Information true, current,
complete, accurate and reliable. You acknowledge that a breach of this
Section 3 will constitute a material breach of our Agreement, which will
entitle either us or a registry to terminate this Agreement immediately
upon such breach without any refund and without notice to you.
4. TERM. This Agreement will remain in effect during the term of
your domain name registration as selected, recorded and paid for at the
time of registration or any renewal thereof. Should the domain name be
transferred to another registrar, the terms and conditions of this
Agreement shall cease.
5. MODIFICATIONS TO AGREEMENT. You acknowledge that the practice of
registering and administering domain names is constantly evolving;
therefore, you agree that Tucows may modify this Agreement, or any other
related and/or applicable agreement, as is necessary to comply with its
agreements with ICANN, a registry or any other entity or individual, as
well as to adjust to changing circumstances. All amendments to this
Agreement will be posted on our website. Your continued use of the domain
name registered to you will constitute your acceptance of this Agreement
with any revisions. If you do not agree to any change, you may request
that your domain name registration be cancelled or transferred to a
different accredited registrar. You agree that such cancellation or
request for transfer will be your exclusive remedy if you do not wish to
abide by any change to this Agreement, or any other related and/or
applicable agreement.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your
account information with us, you must use the 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. NO GUARANTY. You acknowledge that registration or reservation of
your chosen domain name does not confer immunity from objection to the
registration, reservation or use of the domain name.
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 adopted by
the applicable registry. 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 applicable policy.
If Tucows is notified that a complaint has been filed with a judicial or
administrative body regarding your domain name, Tucows may, at its sole
discretion, suspend your ability to use your domain name or to make
modifications to your registration records until (i) Tucows is directed to
do so by the judicial or administrative body, or (ii) Tucows receives
notification by you and the other party contesting your domain that the
dispute has been settled. Furthermore, you agree that if you are subject
to litigation regarding your registration or use of your domain name,
Tucows may deposit control of your registration record into the registry
of the judicial body by supplying a party with a registrar certificate
from us.
9. POLICY. You agree that your registration of the domain name
shall be subject to suspension, cancellation, or transfer pursuant to a
Tucows, registry, ICANN or government-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent with a Tucows, registry,
ICANN or government-adopted policy, (1) to correct mistakes by us or a
registry in registering the name or (2) for the resolution of disputes
concerning the domain name.
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 will secure the agreement of any third party to the
terms and conditions in this Agreement
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 the initial registration of your domain name. Tucows
and its directors, employees, affiliates, subsidiaries, agents and third
party providers, ICANN and the applicable registries 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 states do not
allow the exclusion or limitation of liability for consequential or
incidental damages, in such states, 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.
13. INDEMNITY. You agree to release, indemnify, and hold Tucows,
its contractors, agents, employees, officers, directors and affiliates,
ICANN, the applicable registries and their respective directors, officers,
employees, agents and affiliates harmless from all liabilities, claims and
expenses, including attorney's fees, of third parties arising out of or
relating to the registration or use of the domain name registered in your
name, whether used by yourself, licensed to a third party or pursuant to
the Whois Privacy Service, including without limitation infringement by
you or a third party with access to your Account Identifier and Password.
You also agree to release, indemnify and hold us harmless pursuant to the
terms and conditions contained in the applicable 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 the suspension or cancellation of your domain name. This
indemnification obligation will survive the termination or expiration of
this Agreement.
14. 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 account identifier 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. 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. RENEWALS AND FORFEITURE. Domain names are registered for a
finite period of time. You will receive reminders immediately prior to the
expiration of your registration inviting you to renew your domain name. In
the event that you fail to renew your domain name in a timely fashion,
your registration will expire and we may, at our discretion, elect to
assume the registration and may hold it for our own account, delete it or
we may sell it to a third party. You acknowledge and agree that your right
and interest in a domain name ceases upon its expiration and that any
expired domain name may be made available for registration by a third
party.
If you fail to renew your registration, your domain name may cease to
resolve and visitors to your site may be redirected to a default page
informing them that the site is no longer in service. This parked or
default page may feature advertisements posted by us for our own account.
If we have elected to renew the registration, you will be entitled to a
grace period during which you may re-register the domain name from us.
Additional costs may apply. During this grace period, we may post a parked
page and/or may revise the "Whois" registration records to
include either our information or that of your Reseller. The domain name
may also be listed for auction. If the name is sold during any such
auction, it will be acquired by a third party on a provisional basis and
will remain available for re-registration by you during our stated grace
period. If you do not re-register the domain name during the grace period,
the auction sale will be concluded.
If you fail to renew your domain name registration during the grace
period, you acknowledge that you have abandoned the domain name and that
it is available for sale and registration by any third party.
16. 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.
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:
| (a) |
your name and postal address (or, if
different, that of the domain name holder); |
| (b) |
the domain name being registered; |
| (c) |
the name, postal address, e-mail address, and
voice and fax (if available) telephone numbers of the
administrative contact for the domain name; |
| (d) |
the name, postal address, e-mail address, and
voice and fax (if available) telephone numbers of the billing
contact for the domain name; and |
| (e) |
the name, postal address, e-mail address, and
voice and fax (if available) telephone numbers of the technical
contact for the domain name. |
Any voluntary information we request is collected in order that we can
continue to improve the products and services offered to you through your
Reseller.
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, law
enforcement agencies 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.
| (a) |
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. |
| (b) |
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 Reseller. |
| (c) |
We will not process or maintain 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. |
| (d) |
We will take reasonable precautions to protect
the information we obtain from you from our loss, misuse,
unauthorized disclosure, alteration or destruction of that
information. |
20. OBLIGATION TO MAINTAIN WHOIS. 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 ICANN or an
applicable registry policy.
21. REVOCATION. We, in our sole discretion, reserve the right to
deny, cancel, suspend, transfer or modify any domain name registration to
correct a mistake, protect the integrity and stability of the company and
any applicable registry, to comply with any applicable laws, government
rules, or requirements, requests of law enforcement, in compliance with
any dispute resolution process, or to avoid any liability, civil or
criminal. You agree that we shall not be liable to you for loss or damages
that may result from our refusal to register or cancel, suspend, transfer
or modify your domain name registration.
22. INCONSISTENCIES WITH REGISTRY POLICIES. In the event that this
Agreement may be inconsistent with any term, condition, policy or
procedure of an applicable registry, the term, condition, policy or
procedure of the applicable registry shall prevail.
23. 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.
24. 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 be given when an electronic confirmation of delivery
has been obtained by the sender. E-mail notification to Tucows must be
sent to lhutz@tucows.com. Any notice to you will be sent 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
five (5) business days after the date of mailing Postal notices to Tucows
shall be sent to:
Tucows.com Co.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1
CANADA
Attention: Legal Affairs
and in the case of notification to you shall be sent to the address
specified in the "Administrative Contact" in your Whois record.
25. ENTIRETY. You agree that this Agreement, the applicable dispute
policy and the rules and policies published by Tucows and any applicable
registry or other governing authority, are the complete and exclusive
agreement between you and us regarding our Services.
26. 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.
27. INFANCY. You attest that you are of legal age to enter into
this Agreement.
28. FORCE MAJEURE. You acknowledge and agree that neither we nor
the applicable registry shall be responsible for any failures or delays in
performing our respective obligations hereunder arising from any cause
beyond our reasonable control, including but not limited to, acts of God,
acts of civil or military authority, fires, wars, riots, earthquakes,
storms, typhoons and floods.
29. PRIVACY. Information collected about you is subject to the
terms of Tucows' privacy policy, the terms of which are hereby
incorporated by reference. Tucows' privacy policy can be found at: http://www.tucows.com/privacy.html
30. 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.
31. TLD'S. The following additional provisions apply to any domain
names that you register through Tucows with the various registries:
| (a) |
.com/net Domains: In the case
of a ".com" or ".net" registration, the
following terms and conditions will apply: |
|
| (i) |
Submission to UDRP. Registrant agrees to
submit to proceedings under ICANN's Uniform Domain Dispute
Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the
Registry; these policies are subject to modification; |
| (ii) |
For the adjudication of disputes concerning
or arising from use of the domain name, the Registrant
shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the
courts (1) of the Registrant's domicile, and (2) where
Tucows is located, presently Toronto, Ontario. |
|
| (b) |
.org Domains: In the case of a
".org" registration, the following terms and conditions
will apply: |
|
| (i) |
Submission to UDRP. Registrant agrees to
submit to proceedings under ICANN's Uniform Dom ain
Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the
Registry. These policies are subject to modification; |
| (ii) |
For the adjudication of disputes concerning
or arising from use of the domain name, the Registrant
shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the
courts (1) of the Registrant's domicile, and (2) where
Tucows is located, presently Toronto, Ontario. |
|
| (c) |
.info Domains: In the case of
a ".info" registration, the following terms and
conditions will apply: |
|
| (i) |
Registrant's Personal Data. You consent to
the use, copying, distribution, publication, modification,
and other processing of Registrant's personal data by
Afilias, the .INFO registry, and its designees and agents,
in a manner consistent with the purposes specified
pursuant to its contract; |
| (ii) |
Submission to UDRP. Registrant agrees to
submit to proceedings under ICANN's Uniform Domain Dispute
Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the
Registry. These policies are subject to modification; |
| (iii) |
For the adjudication of disputes concerning
or arising from use of the domain name, the Registrant
shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the
courts (1) of the Registrant's domicile, and (2) where
Tucows is located, presently Toronto, Ontario; |
| (iv) |
Reservation of Rights. Tucows and Afilias
expressly reserve the right to deny, cancel, transfer, or
modify any registration that either registrar or Afilias
deems necessary, at its discretion, to protect the
integrity and stability of the registry, to comply with
any applicable law, any government rule or requirement,
any request of law enforcement, any dispute resolution
process, or to avoid any liability, civil or criminal, on
the part of the registrar and/or Afilias, as well as their
affiliates, subsidiaries, executives, directors, officers,
managers, employees, consultants, and agents. The
registrar and Afilias also reserve the right to suspend a
domain name or its registration data during resolution of
a dispute. |
|
| (d) |
.biz Domains. In the case of a
".biz" registration, the following terms and conditions
will apply: |
|
| (i) |
.biz Restrictions. Registrations in the .biz
top-level domain must be used or intended to be used
primarily for bona fide business or commercial purposes.
For the purposes of the .biz registration restrictions,
"bona fide business or commercial use" shall
mean the bona fide use or bona fide intent to use the
domain name or any content, software, materials, graphics
or other information thereon, to permit Internet users to
access one or more host computers through the DNS: |
|
| (A) |
to exchange goods, services, or
property of any kind; |
| (B) |
in the ordinary course of business;
or |
| (C) |
to facilitate (i) the exchange of
goods, services, information or property of any
kind; or (ii) the ordinary course of trade or
business. |
|
|
For more information on the .biz
restrictions, which are incorporated herein by reference,
please see: http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm. |
| (ii) |
Selection of a Domain Name. You represent
that: |
|
| (A) |
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,
up-to-date and complete; |
| (B) |
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; |
| (C) |
that the domain name is not being
registered for nor shall it at any time whatsoever
be used for any unlawful purpose whatsoever; |
| (D) |
the registered domain name will be
used primarily for bona fide business or
commercial purposes and not (a) exclusively for
personal use, or (b) solely for the purposes of
(1) selling, trading or leasing the domain name
for compensation, or (2) the unsolicited offering
to sell, trade or lease the domain name for
compensation; |
| (E) |
you have the authority to enter into
this Registration Agreement; and |
| (F) |
the registered domain name is
reasonably related to your business or intended
commercial purpose at the time of registration. |
|
| (iii) |
Provision of Registration Data. As part of
the registration process, you are required to provide us
with certain information and to keep the information true,
current, complete, and accurate at all times. The
information includes the following: |
|
| (A) |
your full name; |
| (B) |
your postal address; |
| (C) |
your e-mail address; |
| (D) |
your voice telephone number; |
| (E) |
your fax number (if applicable); |
| (F) |
the name of an authorized person for
contact purposes in the case of a registrant that
is an organization, association, or corporation; |
| (G) |
the IP addresses of the primary
nameserver and any secondary nameserver for the
domain name; |
| (H) |
the corresponding names of the
primary and secondary nameservers; |
| (I) |
the full name, postal address,
e-mail address, voice telephone number, and, when
available, fax number of the administrative,
technical, and billing contacts, and the name
holder for the domain name; and |
| (J) |
any remark concerning the domain
name that should appear in the Whois directory. |
| (K) |
You agree and understand that the
foregoing registration data will be publicly
available and accessible on the Whois directory as
required by ICANN and/or registry policies, and
may be sold in bulk in accordance with the ICANN
agreement. |
|
| (iv) |
Domain Name Disputes. You acknowledge having
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: |
|
|
|
(collectively, the "Dispute
Policies"). |
| (v) |
The Dispute Policy sets forth the terms and
conditions in connection with a dispute between a
Registrant and any party other than the Registry or
Registrar over the registration and use of an Internet
domain name registered by Registrant. |
| (vi) |
The RDRP sets forth the terms under which
any allegation that a domain name is not used primarily
for business or commercial purposes shall be endorsed on a
case-by-case, fact specific basis by an independent ICANN-accredited
dispute provider. |
| (vii) |
For the adjudication of disputes concerning
or arising from use of the domain name, the Registrant
shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the
courts (1) of the Registrant's domicile, and (2) where
Tucows is located, presently Toronto, Ontario. |
|
| (e) |
.name Domains. In the case of
a ".name" registration, the following terms and
conditions will apply: |
|
| (i) |
.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. |
| (ii) |
.name Representations. As a .name domain
name registrant, you hereby represent that: |
|
| (A) |
the registered domain name or second
level domain ("SLD") e-mail address is
your Personal Name. |
| (B) |
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, |
| (C) |
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; |
| (D) |
that the domain name is not being
registered for nor shall it at any time whatsoever
be used for any unlawful purpose whatsoever; |
| (E) |
the registration satisfies the
Eligibility Requirements found at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
and |
| (F) |
you have the authority to enter into
this Registration Agreement. |
|
| (iii) |
E-mail Forwarding Services. The
Services for which you have registered may, at your
option, include e-mail forwarding. To the extent you opt
to use e-mail forwarding, you are obliged to do so in
accordance with all applicable legislation and are
responsible for all use of e-mail forwarding, including
the content of messages sent through e-mail forwarding.
You undertake to familiarize yourself with the content of
and to comply with the generally accepted rules for
Internet and e-mail usage. This includes, but is not
limited to the Acceptable Use Policy, available at http://www.nic.name/downloads/aup.pdf
as well as the following restrictions. Without prejudice
to the foregoing, you undertake not to use e-mail
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
e-mail, 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 e-mail forwarding. |
|
| (iv) |
Registry reserves the right to implement
additional anti-spam measures, to block spam or mail from
systems with a history of abuse from entering Registry's
e-mail forwarding. However, due to the nature of such
systems, which actively block messages, Registry 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. |
| (v) |
You understand and agree that Registry may
delete material that does not conform to clause (c) above
or that in some other way constitutes a misuse of e-mail
forwarding. You further understand and agree that Registry
is at liberty to block your access to e-mail forwarding if
you use e-mail forwarding in a way that contravenes this
Agreement. You will be given prior warning of
discontinuation of the e-mail forwarding unless it would
damage the reputation of Registry or jeopardize the
security of Registry or others to do so. Registry reserves
the right to immediately discontinue e-mail forwarding
without notice if the technical stability of e-mail
forwarding is threatened in any way, or if you are in
breach of this Agreement. On discontinuing e-mail
forwarding, Registry is not obliged to store any contents
or to forward unsent e-mail to you or a third party. |
| (vi) |
You understand and agree that to the extent
either we and/or Registry is required by law to disclose
certain information or material in connection with your
e-mail forwarding, either we and/or Registry will do so in
accordance with such requirement and without notice to
you. |
| (vii) |
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. 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. |
|
|
| (viii) |
The Eligibility Requirements dictate that
Personal Name domain names and Personal Name SLD e-mail
addresses will be granted on a first-come, first-served
basis. 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. |
| (ix) |
The ERDRP applies to challenges to (i)
registered domain names and SLD e-mail 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) within .name. |
| (x) |
The UDRP sets forth the terms and conditions
in connection with a dispute between a Registrant and
party other than the Registry or Tucows over the
registration and use of an Internet domain name registered
by a Registrant. |
| (xi) |
For the adjudication of disputes concerning
or arising from use of the domain name, the Registrant
shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the
courts (1) of the Registrant's domicile, and (2) where
Tucows is located, presently Toronto, Ontario. |
|
32. ccTLD'S
| (a) |
.at Domains. In the case of a
".at" registration, the following terms and conditions
will apply: |
|
| (i) |
Registry Policy. You acknowledge and
understand that by accepting the terms and conditions of
this agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the
future and which are posted on the Registry website at http://www.nic.at/en/service/legal_information/terms_conditions/.
You are responsible for monitoring the Registry's site on
a regular basis. In the event that you do not wish to be
bound by a revision or modification to any Registry
policy, your sole remedy is to cancel your domain name
registration by following the appropriate Registry policy
regarding such cancellation. |
|
| (b) |
.be Domains. In the case of a
".be" registration, the following terms and conditions
will apply: |
|
| (i) |
Registry Policy. You acknowledge and
understand that by accepting the terms and conditions of
this agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the
future and which are posted on the Registry website at http://www.dns.be/en/home.php?n=51.
You are responsible for monitoring the Registry's site on
a regular basis. In the event that you do not wish to be
bound by a revision or modification to any Registry
policy, your sole remedy is to cancel your domain name
registration by following the appropriate Registry policy
regarding such cancellation. |
| (ii) |
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 .be 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.dns.be/en/home.php?n=53. |
|
| (c) |
.ca Domains. In the case of a
".ca" registration, the following terms and conditions
will apply: |
|
| (i) |
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 Policy may be found at http://www.cira.ca/en/cat_Dpr.html.
Please take the time to familiarize yourself with this
policy. |
| (ii) |
Registry Policy. You agree that your
registration of the domain name shall be subject to
suspension, cancellation, or transfer pursuant to any
Registry-adopted policy, or pursuant to any registrar or
registry procedure not inconsistent with a Registry
adopted policy, (1) to correct mistakes by Tucows or the
Registry in registering the name or (2) for the resolution
of disputes concerning the domain name. |
| (iii) |
Transfer of Ownership. Any transfer of
ownership in and to a domain name registration shall be
affected in accordance with registry policies and
procedures. |
| (iv) |
Registry Agreement and Policy. You
acknowledge and understand that by accepting the terms and
conditions of this agreement you shall be bound by the
Registry's Registrant Agreement, the Registry’s policies
and any pertinent rules or policies that exist now or in
the future and which are posted on the Registry website at
http://www.cira.ca/en/doc_Registrar.html.
You are responsible for monitoring the Registry’s site
on a regular basis. In the event that you do not wish to
be bound by a revision or modification to any Registry
agreement or policy, your sole remedy is to cancel your
domain name registration by following the appropriate
Registry policy regarding such cancellation. |
| (v) |
You acknowledge and agree that the Registry
shall not be liable to you for any loss, damage, or
expense arising out of the Registry's failure or refusal
to register a domain name, it's failure or refusal to
renew a domain name registration, it's registration of a
domain name, it's failure or refusal to renew a domain
name registration, it's renewal of a domain name
registration, it's failure or refusal to transfer a domain
name registration, it's transfer of a domain name
registration, it's failure or refusal to maintain or
modify a domain name registration, it's maintenance of a
domain name registration, it's modification of a domain
name registration, it's failure to cancel a domain name
registration or it's cancellation of a domain name
registration from the Registry; |
|
| (d) |
.cc Domains. In the case of a
".cc" registration, the following terms and conditions
will apply: |
|
| (i) |
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.nic.cc/policies/dispute.html.
Please take the time to familiarize yourself with this
policy. |
| (ii) |
Registry Policy. You acknowledge and
understand that by accepting the terms and conditions of
this agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the
future and which are posted on the Registry website at: http://www.enic.cc/en-def-c2689f094aa0/en/policies/policies.shtml.
You are responsible for monitoring the Registry's site on
a regular basis. In the event that you do not wish to be
bound by a revision or modification to any Registry
policy, your sole remedy is to cancel your domain name
registration by following the appropriate Registry policy
regarding such cancellation. |
|
| (e) |
.ch Domains. In the case of a
".ch" registration, the following terms and conditions
shall apply: |
|
| (i) |
Registry Policy. You acknowledge and
understand that by accepting the terms and conditions of
this agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the
future and which are posted on the Registry website at http://www.switch.ch/id/terms.
You are responsible for monitoring the Registry's site on
a regular basis. In the event that you do not wish to be
bound by a revision or modification to any Registry
policy, your sole remedy is to cancel your domain name
registration by following the appropriate Registry policy
regarding such cancellation. |
| (ii) |
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 .ch 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.switch.ch/id/disputes/rules.
Please take the time to familiarize yourself with this
policy. |
|
| (f) |
.cn Domains. In the case of a
".cn" registration, the following terms and conditions
shall apply: |
|
| (i) |
"Registry" means the China
Internet Network Information Center, which is the
authority responsible for the administration of the
national top-level domain of the People's Republic of
China and the Chinese domain name system; |
| (ii) |
"Registry Gateway" means the
service provided by the Registry Operator that facilitates
the registration of .cn domain names by registrars
operating outside of the People's Republic of China; |
| (iii) |
"Registry Operator" means Neustar,
Inc., the company authorized to facilitate the
registration of .cn domain names by registrars operating
outside of the People's Republic of China. |
| (iv) |
Restrictions. You agree that you shall not
register or use a domain name that is deemed by CNNIC to: |
|
| (A) |
be against the basic principles
prescribed in the Constitution of the Peoples
Republic of China ("PRC"); |
| (B) |
jeopardize national security, leak
state secrets, intend to overturn the government
or disrupt the integrity of the PRC; |
| (C) |
harm national honour and national
interests of the PRC; |
| (D) |
instigate hostility or
discrimination between different nationalities or
disrupt the national solidarity of the PRC; |
| (E) |
spread rumours, disturb public order
or disrupt social stability of the PRC; |
| (F) |
spread pornography, obscenity,
gambling, violence, homicide, terror or instigate
crimes in the PRC; |
| (G) |
insult, libel against others and
infringe other people's legal rights and interests
in the PRC; or |
| (H) |
take any other action prohibited in
laws, rules and administrative regulations of the
PRC. |
|
| (v) |
Business or Organization Representation. .cn
domain name registrations are intended for businesses and
organizations and not for individual use. By registering a
.cn name, you accordingly represent that you have
registered the domain name on behalf or a business or
organization. It should be noted that, although .cn policy
is permissive in terms of registration, and enforcement is
generally in reaction to a complaint (as opposed to
proactive review), registrations that are not associated
with an organization or business may be subject to
deletion. The foregoing prevents an individual from
registering a .cn domain name for a business operating as
a sole proprietorship. |
| (vi) |
Domain Name Disputes. You acknowledge having
read and understood and agree to be bound by the terms and
conditions of the CNNIC Domain Name Dispute Policy &
Rules for CNNIC Dispute Resolution Policy ("Dispute
Policy"), as they may be amended from time to time,
which are hereby incorporated and made an integral part of
this Agreement. The Dispute Policy is currently found at: http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm. |
| (vii) |
You acknowledge that, pursuant to the
Dispute Policy, Registrars must comply with all reasonable
requests from the applicable domain name dispute
resolution institutions including the provision of all
relevant evidence in any domain name disputes in the
specified time frames. |
| (viii) |
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. |
| (ix) |
Adherence to Policies. You agree to comply
with all applicable laws, regulations and policies of the
Peoples Republic of China's governmental agencies and the
China Internet Network Information Centre ("CNNIC"),
including but not limited to the following rules and
regulations: |
|
|
|
You acknowledge that you have read and
understood and agree to be bound by the terms and
conditions of the policies of the CNNIC, as they may be
amended from time to time. |
| (x) |
Suspension and Cancellation. You agree that
your registration of the domain name shall be subject to
suspension, cancellation, or transfer pursuant to any
Tucows, Registry Operator, CNNIC or government-adopted
policy, or pursuant to any registrar or registry procedure
not inconsistent with a CNNIC or government-adopted
policy, (1) to correct mistakes by a party in registering
the name, (2) for the resolution of disputes concerning
the domain name, (3) to protect the integrity and
stability of the registry, (4) to comply with any
applicable laws, government rules or requirements,
requests of aw enforcement, (5) to avoid any liability,
civil or criminal, on the part of Tucows, Registry
Operator or CNNIC, as well as their affiliates,
subsidiaries, directors, representatives, employees and
stockholders or (6) for violations of this Agreement.
Tucows, Registry Operator and CNNIC also reserve the right
to "freeze" a domain name during the resolution
of a dispute. |
| (xi) |
Jurisdiction. For the adjudication of
disputes concerning or arising from use of the domain
name, the Registrant shall submit, without prejudice to
other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant's
domicile, (2) where Tucows is located, and (3) the
People's Republic of China. |
| (xii) |
Governing Law. For the adjudication of a
dispute concerning or arising from use of a .cn domain,
such dispute will be governed under the Laws of the
Peoples Republic of China. |
|
| (g) |
.de Domains. In the case of a
".de" registration, the following terms and conditions
will apply: |
|
| (i) |
Selection of a Domain Name. You represent
that: |
|
| (A) |
you have reviewed and have accepted
the Registry's Terms and Conditions and the
Registry's Guidelines and have provided your
Reseller with written confirmation of same;you
have reviewed and have accepted the Registry's
Terms and Conditions and the Registry's Guidelines
and have provided your Reseller with written
confirmation of same; |
| (B) |
either you, or the person designated
as the administrative contact for the domain name,
shall be resident or shall have a branch in
Germany; |
| (C) |
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. |
|
| (ii) |
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 by the Registry or any court of law.
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 specified by
the Registry or any court of law. |
| (iii) |
Registry Policies. You agree to be bound by
the Registry's Registration Terms and Conditions and the
Registration Guidelines. English language translations of
the Registry's documents are provided for convenience; in
the event of a discrepancy between the English and the
German language agreements, the terms of the German
agreement will prevail. The Registry documents may be
found at: |
|
|
|
| (h) |
.eu domains. In the case of a
".eu" registration, the following terms and conditions
will apply: |
|
| (i) |
Eligibility Criteria. .eu domain names are
available for registration to companies and persons who
fulfill the following criteria. As a condition of
registration, you accordingly represent that you are: |
|
| (A) |
an undertaking having its registered
office, central administration or principal place
of business within the European Community; |
| (B) |
an organization established within
the European Community without prejudice to the
application of national law, or |
| (C) |
a natural person resident within the
European Community. |
|
| (ii) |
Registry Policy. You acknowledge and
understand that by accepting the terms and conditions of
this agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the
future and which are posted on the Registry website.
Registration policies of the Registry and the terms and
conditions applicable to your .eu registration may be
found at: http://www.eurid.eu/en/general/launch.
You are responsible for monitoring the Registry's site on
a regular basis. In the event that you do not wish to be
bound by a revision or modification to any Registry
policy, your sole remedy is to cancel your domain name
registration by following the appropriate Registry policy
regarding such cancellation. |
| (iii) |
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 by the Registry or any court of law. |
|
| (i) |
.fr Domains. In the case of a
".fr" registration, the following terms and conditions
will apply: |
|
| (i) |
Representation of Registrant. .fr domain
names are available for registration to companies and
persons who fulfill the following criteria. As a condition
of registration, you accordingly represent that you are: |
|
| (A) |
A legal entity: |
|
| (I) |
whose head office is in
France; (or), |
| (II) |
which possess an address in
France which is expressly listed in the
public electronic databases of the
registrars of the commercial courts or the
National Statistical and Economic Studies
Institute (INSEE), (or), |
| (III) |
State institutions or
departments, local authorities or
associated establishments, (or), |
| (IV) |
which own a trademark
registered with the National Intellectual
Property Institute or own a registered EU
or international trademark which expressly
includes French territory. |
|
| (ii) |
Administrative Contact. Each
registrant must designate an administrative
contact to act as a coordinator between the
registrant and the Registry. In the case of .fr
registrations, the administrative contact must be
based in France where it can receive legal and
other documents. |
| (iii) |
Registry Policies. You agree to be
bound by the Registry's Naming Charter, its
registration rules for .fr. English language
translations of the Registry's documents are
provided for convenience. The Registry documents
may be found at: www.afnic.fr/obtenir/chartes/nommage-fr. |
| (iv) |
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 by the
Registry or any court of law. The current .fr
dispute resolution policy and procedures can be
found at http://www.afnic.fr/doc/ref/juridique/parl.
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 specified by the Registry or any court
of law. |
|
| (j) |
.it Domains. In the case of a
".it" registration, the following terms and
conditions shall apply: |
|
| (i) |
Registration Criteria. Registration
of an .it name is restricted to subjects belonging
to a member state of the European Union.
Individuals and associations operating without a
VAT number or a fiscal code are limited to a
single domain name registration. |
| (ii) |
Registry Policy. You acknowledge and
understand that by accepting the terms and
conditions of this agreement you shall be bound by
Registry policies and any pertinent rules or
policies that exist now or in the future and which
are posted on the Registry website at http://www.nic.it/NA/regole-naming-curr-engl.txt.
You are responsible for monitoring the Registry's
site on a regular basis. In the event that you do
not wish to be bound by a revision or modification
to any Registry policy, your sole remedy is to
cancel your domain name registration by following
the appropriate Registry policy regarding such
cancellation. Additional policies, including
transfer procedures and “netiquette” rules may
be found at
http://www.nic.it/NA/index-engl.html. |
|
| (k) |
.nl Domains. In the case of a ".nl"
registration, the following terms and conditions shall
apply: |
|
| (i) |
Registration Criteria. Registration
of a .nl domain name is unrestricted save and
except that applicants who are not based in the
Netherlands or who do not have a registered
address in the Netherlands must provide an address
in the Netherlands where written documents can be
sent to the applicant and where legal summonses
can be served. |
| (ii) |
Registry Policies. You agree to be
bound by the policies of the Registry including
but not limited to the Registry's Registration
Regulations. English language translations of the
Registry's documents are provided for convenience
and may be found at: http://www.sidn.nl/ace.php/c,728,2679,,,,Regulations_for_registration_of_nl_domain_names.html.
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 by the Registry or any court of law. The
current .nl dispute resolution policy and
procedures can be found at http://www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations_for_arbitration_on_.nl_domain_names/index.html.
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 specified by the Registry or any court
of law. |
|
| (l) |
.tv Domains. In the case of a ".tv"
registration, the following terms and conditions will
apply: |
|
| (i) |
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.icann.org/dndr/udrp/policy.htm.
Please take the time to familiarize yourself with
this policy. |
| (ii) |
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. |
|
| (m) |
.uk Domains. In the case of a .uk
registration, the following terms and conditions will
apply: |
|
| (i) |
"Nominet UK" means the
entity granted the exclusive right to administer
the registry for .uk domain name registrations. |
| (ii) |
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 Policy may be found at: http://www.nominet.org.uk/disputes/.
Please take the time to familiarize yourself with
this policy. |
| (iii) |
Nominet UK Policy. You agree that
your registration of the domain name shall be
subject to suspension, cancellation, or transfer
pursuant to any Nominet UK-adopted policy, term or
condition, or pursuant to any registrar or
registry procedure not inconsistent with an
Nominet UK-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. The current Nominet UK
terms and conditions can be found at: http://www.nominet.org.uk/registrants/legal/terms/.
When you submit a request for a domain name
registration with Tucows and/or Reseller, you will
be entering into two contracts - one contract with
Tucows and/or Reseller and one contract with
Nominet UK.
Tucows and your Reseller will act as agents on
your behalf by submitting your application to
Nominet for you, however, you will still be
entering into a direct contract between you and
Nominet UK. This is a separate contract from this
agreement; may be found at http://resellers.tucows.com/contracts/uk/ukterms.
Tucows and Reseller must also make you aware that
by accepting Nominet's terms and conditions you
are consenting to Nominet using your personal data
for a variety of reasons. In particular, your name
and address may be published as part of Nominet's
Whois look-up service. |
| (iv) |
Transfer of Ownership. Any transfer
of ownership in and to a domain name registration
shall be affected in accordance with Nominet UK
policies and procedures. |
|
| (n) |
.us Domains. In the case of a
".us" registration, the following terms and
conditions will apply: |
|
| (i) |
"DOC" means the United
States of America Department of Commerce. |
| (ii) |
".us Nexus Requirement".
Only those individuals or organizations that have
a substantive lawful connection in the United
States are permitted to register for .usTLD domain
names. Registrants in the .usTLD must satisfy the
nexus requirement ("Nexus" or
"Nexus Requirements") set out at: http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf. |
| (iii) |
Selection of a Domain Name. You
certify and represent that: |
|
| (A) |
You have and shall continue
to have, a bona fide presence in the
United States on the basis of real and
substantial lawful contacts with, or
lawful activities in, the United States as
defined in Section (ii) hereinabove; |
| (B) |
The listed name servers are
located within the United States; |
| (C) |
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,
up-to-date and complete; |
| (D) |
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; |
| (E) |
That t | | | | |
