| |
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, MCtech Producciones 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.
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. 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. 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. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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 authorities are the complete and exclusive
agreement between you and us regarding our Services.
25. 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.
26. INFANCY. You attest that you are of legal age to enter into this
Agreement.
27. 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.
28. 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
29. 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.
30. 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 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.
(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:
(A) The Uniform
Domain Name Dispute Resolution Policy ("Dispute Policy), available
at:
http://www.icann.org/dndr/udrp/policy.htm;
(B) The Restrictions Dispute Resolution Criteria and Rules ("RDRP"),
available at:
http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;
(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.
(A) the Eligibility
Requirements (the "Eligibility Requirements"), available at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
(B) the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"),
available at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm;
and
(C) the Uniform Domain Name Dispute Resolution Policy (the "UDRP"),
available at:
http://www.icann.org/dndr/udrp/policy.htm.
(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.
31. 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://nic.at/en/agb/ag_agb2003.asp. 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.
(a) .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;
(b) .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.nic.cc. 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.
(c) .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.
(d) .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:
(A) Provisional
Administrative Rules for Registration of Domain Names in China
(currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1520.htm);
(B) Detailed Implementation Rules for Registration of Domain Names
in China (currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm);
(C) Chinese Domain Names Dispute Resolution Policy (currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm); and
(D) CNNIC Implementing Rules of Domain Name Registration (currently
at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1503.htm).
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.
(e) .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;
(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:
11.2. English:
(A) Registration Terms and Conditions
http://www.denic.de/en/bedingungen.html
(B) Registration Guidelines
http://www.denic.de/en/richtlinien.html
11.3. German:
(C) DENIC-Registrierungsbedingungen
http://www.denic.de/de/bedingungen.html
(D) DENIC-Registrierungsrichtlinien
http://www.denic.de/de/richtlinien.html
(f) .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; or
(B) A natural person:
(I) of French
nationality; (or),
(II) of foreign nationality who are domiciled in France; (or),
(III) who 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.
(i) .it Domains. In
the case of an "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.
(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.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.
(g) .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 www.domain-registry.nl/sidn_english/flat/
General/Rules/Regulations.
(iii) 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
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.
(h) .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.
(i) co.uk, .org.uk,
ltd.uk, net.uk, plc.uk and me.uk Domains. In the case of a co.uk,
.org.uk, ltd.uk, net.uk, plc.uk or me.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.nic.uk/DisputeResolution/DrsPolicy/. 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/ReferenceDocuments/TermsAndConditions/TermsAndConditions.html
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..
(j) .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 the domain name is not being registered for nor shall it at
any time whatsoever be used for any unlawful purpose whatsoever;
(F) You have the authority to enter into this Registration
Agreement.
(iv) 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 and the usDRP, as defined below, that is
incorporated herein and made a part of this Agreement by reference.
Please take the time to familiarize yourself with these policies.
(A) 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:
(B) The Nexus Dispute Policy ("Dispute Policy), available at:
http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf.
The Dispute Policy will provide interested parties with an
opportunity to challenge a registration not complying with the Nexus
Requirements.
(C) The usTLD Dispute Resolution Policy ("usDRP") available at:
http://www.neustar.us/policies/docs/usdrp.pdf. The usDRP is
intended to provide interested parties with an opportunity to
challenge a registration based on alleged trademark infringement.
In addition to the
foregoing, you agree that, for the adjudication of disputes concerning
or arising from use of the Registered Name, you shall submit, without
prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (i) of your domicile, (ii) where Tucows is
located, and (iii) the United States.
(v) Policy. You agree that your registration of the domain name shall be
subject to suspension, cancellation, or transfer pursuant to any Tucows,
Registry Operator, the DOC or government-adopted policy, or pursuant to
any registrar or registry procedure not inconsistent with a DOC 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. The Registry Operator's policies
can be found at
http://www.neustar.us/policies.
(vi) Indemnity. The DOC shall be added to the parties you have agreed to
indemnify in Section 13 hereinabove.
(vii) 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 full name,
postal address, e-mail address and telephone number and fax number
(if available) (or, if different, that of the domain name holder);
(B) The domain name being registered;
(C) The name, postal address, e-mail address, and telephone number
and fax number (if available) telephone numbers of the
administrative contact, the technical contact and the billing
contact for the domain name;
(D) The IP addresses and names of the primary nameserver and any
secondary nameserver(s) for the domain name;
(E) In addition to the foregoing, you will be required to provide
additional Nexus Information. The Nexus Information requirements are
set out at
http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
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 Reseller.
(viii) Disclosure and Use of the Registration Information. You agree and
acknowledge that we will make domain name registration information you
provide available to the DOC, to the Registry Operator, 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 the DOC 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 Reseller.
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.
32. WHOIS PRIVACY SERVICE.
The following terms and conditions will apply if you subscribe to the Whois
Privacy Service:
(a) Subscribers to the
Whois Privacy Service have elected to include the following information
in the publicly available Whois Registry:
(i)
Contactprivacy.com shall appear as the Registrant and Contacts
name(s);
(ii) Tucows' postal address and a Tucows assigned email address and
telephone number shall appear on behalf of the Registrant and the
Contact(s);
(iii) The primary and secondary nameservers shall be those
designated by the Registrant;
(iv) The original date of registration and the expiration of each
domain name;
(v) Tucows will be identified as the registrar of record.
(b) You understand and
agree that the Registrant and Contact Information that you have provided
will be kept on file. You further agree and warrant that you will ensure
that the Whois Information is true, accurate and up to date.
(c) You will will retain complete control over the domain name and its
registration records and may suspend and reinstate the Whois Privacy
Service at your discretion.
(d) The Whois Privacy Service may be used with both new and existing
domain name registrations. You may use the Whois Privacy Service with
respect to a domain name that has been transferred but it will only
commence after the transfer has been completed. If you wish to transfer
the domain name to a different registrar,the Whois Privacy Service must
be disabled in order to initiate the transfer.
(e) We will send all obligatory renewal and transfer related messages to
the Contacts you have designated.
(f) Communications Forwarding. Communications received with respect to a
particular domain name registration will be handled as follows:
(i) We will forward
to you or a Contact all correspondence received by registered mail
or traceable courier. This information may be opened, scanned and
emailed to you or your Contact.. Regular postal mail will be
discarded or returned to sender at our discretion.
(ii) Email correspondence will be forwarded according to the
instructions of the Registrant as they appear in our records.
(iii) A voice mail message will advise all callers that inbound
messages will not be accepted; calls will be directed to the
contactprivacy.com web site where written messages will be forwarded
according to your instructions.
(iv) We will only be responsible for forwarding communications where
our details have appeared in the whois and when your Whois
Information is accurate, complete and up to date.
(g) Right to Suspend and
Disable. We shall have the right, at our sole discretion and without
liability to you or any of your Contacts, suspend or cancel your domain
name and to reveal Registrant and Contact Whois Information in certain
circumstances, including but not limited to the following:
(i) when required by
law;
(ii) in the good faith belief that disclosure is necessary to
further determination of an alleged breach of a law;
(iii) to comply with a legal process served upon Tucows;
(iv) to resolve any and all third party claims including but not
limited to ICANN's or a Registry's dispute resolution policy;
(v) to avoid financial loss or legal liability;
(vi) if we believe that you or one of your Contacts is using the
Whois Privacy Service to conceal involvement with illegal, illicit,
objectionable or harmful activities; or
(vii) to transmit SPAM, viruses, worms or other harmful computer
programs.
(h) You understand and
agree that, in the event that we receive a formal complaint, notice of
claim or UDRP, that we will have the right to disable the Whois Privacy
Service pending final disposition of the matter.
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.
Si tiene alguna
duda o consulta, contáctenos a
info@mctechproducciones.com
|