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 FastWebServer.com.
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 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.
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 access
or 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.
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