RSP
AGREEMENT
1.
AGREEMENT. In this Registration Agreement ("Agreement")
"you" and "your" refer to each customer, "we", us" and "our"
refer to TUCOWS.com Inc. and "Services" refers to the domain
name registration provided by us as offered through AnewVision
InterNet Services, the Registration Service Provider ("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 the registration
of the SLD name nor the manner in which it is directly or
indirectly used infringes the legal rights of a third party
and that the Domain Name is not being registered for any
unlawful purpose.
3. FEES. As consideration for the services you have selected,
you agree to pay to us, or your repective RSP who remits
payment to us on your behalf, 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").
You, by completing and submitting this Agreement represent
that the statements in your application are true.
4.
TERM. You agree that the Registration Agreement will remain
in full force during the length of the term of your Domain
Name Registration. Should you choose to renew or otherwise
lengthen the term of your Domain Name Registration, then
the term of this Registration Agreement will be extended
accordingly. This Agreement will remain in full force during
the length of the term of your Domain Name Registration
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 will be extended
accordingly. Should you transfer your domain name or should
the domain name otherwise be transferred due to another
Registrar, the terms and conditions of this contract shall
cease and shall be replaced by the contractual terms in
force for the purpose of registering domain names then in
force between SLD holders and the new Registrar.
5.
MODIFICATIONS TO AGREEMENT. You agree, during the period
of this Agreement, that we may: (1) revise the terms and
conditions of this Agreement; and (2) change the services
provided under this Agreement. Any such revision or change
will be binding and effective immediately on posting of
the revised Agreement or change to the service(s) on our
web site, or on notification to you by e-mail or regular
mail as per the Notices section of this agreement. You agree
to review our web site, including the Agreement, periodically
to be aware of any 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 regular
mail as per the Notices section of this agreement. Notice
of your termination will be effective on receipt and processing
by us. You agree that, by continuing to use the Services
following notice of any revision to this Agreement or change
in service(s), you shall abide by any such revisions or
changes. You further agree to abide by the ICANN Uniform
Dispute Resolution Policy ("Dispute Policy") as amended
from time to time. You agree that, by maintaining the reservation
or registration of your domain name after modifications
to the Dispute Policy become effective, you have agreed
to these modifications. 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. Please safeguard your Account Identifier
and Password from any unauthorized use. In no event will
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 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.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 in effect at the time of the dispute.
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. For any dispute, you agree to submit to the jurisdiction
of the courts of The Province of Ontario.
9.
ICANN POLICY. You agree that your registration of the SLD
name shall be subject to suspension, cancellation, or transfer
pursuant to any ICANN-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent with an
ICANN-adopted policy, (1) to correct mistakes by Registrar
or the Registry in registering the name or (2) for the resolution
of disputes concerning the SLD name.
10.
AGENCY. Should you intend to license use of a domain name
to a third party you shall nonetheless be the SLD 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 SLD. You shall accept
liability for harm caused by wrongful use of the SLD, unless
you promptly disclose the identity of the licensee to the
party providing you reasonable evidence of actionable harm.
You also represent that you have provided notice of the
terms and conditions in this Agreement to the third party
and that the third party agrees to the terms of Disclosure
and Use of Registration Information (sections 18 and 19
of this Agreement).
11.
ANNOUNCEMENTS. We and the RSP 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).
We and our contractors 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. 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 and
affiliates harmless from all liabilities, claims and expenses,
including without limitation Network Solutions, Inc., and
the directors, officers, employees and agents of each of
them, 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 with your computer, 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 may be considered by us to 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 controlling user name and password
are secured shall be the owner of the domain name. You agree
that prior to transferring ownership of your domain name
to another person (the Transferee") you shall require the
Transferee to agree, in writing to be bound by all the terms
and conditions of this Agreement. Your domain name will
not be transferred until we receive such written assurances
or other reasonable assurance that the Transferee has been
bound by the contractual terms of this Agreement (such reasonable
assurance as determined by us in our sole discretion) along
with the applicable transfer fee. If the Transferee fails
to be bound in a reasonable fashion (as determine by us
in our sole discretion) to the terms and conditions in this
Agreement, any such transfer will be null and void.
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 agree that, by registration or reservation
of your chosen domain name, such registration or reservation
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 such that we can continue
to improve 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 ICANN and
applicable laws may require or permit. 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
the applicable laws. 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. 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 willful provision of inaccurate or
unreliable information, your willful failure promptly to
update information provided to us, or your failure to respond
for over fifteen 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 SLD 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 within thirty (30)
calendar days from receipt of your payment for such 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.
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 regular mail. 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 notification to us
or to the RSP to lhutz@tucows.com or [Insert E-mail Address
for RSP ] or, in the case of notice to you, at 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 the RSP shall be sent
to: TUCOWS.com Inc. Registrant Affairs Office 96 Mowat Avenue
Toronto, Ontario M6K 3M1 - OR - DNS@anvis.com 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.
29.
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.