Master Contract TLD
Exhibit A
Registration Agreement
1. IN THIS REGISTRATION AGREEMENT ("Agreement"), "Registrant", "you" and "your" refers to the
Registrant of each domain name registration, "we", "us" and "our" refers to Tucows.com Co., and
"Services" refers to the domain name registration services provided by us as offered through
_____________________________________, the Registration Service Provider ("Reseller"). Any
reference to a "registry," "Registry" or "Registry Operator" shall refer to the registry
administrator of the applicable top-level domain ("TLD"). 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, even if an inquiry indicates that a domain name is available at the
time of your application. You represent that, to the best of the your knowledge and belief, neither
the registration of the domain name nor the manner in which you intend to use it, infringes upon
the legal rights of a third party and further, that the domain name is not being registered for,
nor shall it at any time whatsoever be used for, any unlawful purpose. During the period following
registration of a domain name and the appointment of active name servers, we may post a stagnant
web page and any revenues generated from same shall be for our own account.
3. FEES. As consideration for the Services, you agree to pay Reseller the applicable service(s)
fees prior to the effectiveness of a desired domain name registration or any renewal thereof. All
fees payable hereunder are non-refundable even if your domain name registration is suspended,
cancelled or transferred prior to the end of your current registration term. As further
consideration for the Services, you agree to: (1) provide certain current, complete and accurate
information about you as required by the registration process, and (2) maintain and update this
information as needed to keep it current, complete and accurate. All such information shall be
referred to as account information ("Account Information"). You represent that the Account
Information and all other statements put forth in your application are true, complete and accurate.
Both Tucows and each registry reserves the right to terminate your domain name registration if: (i)
information provided by you or your agent is false, inaccurate, incomplete, unreliable, misleading
or otherwise secretive; or (ii) you have failed to maintain, update and keep your Account
Information true, current, complete, accurate and reliable. You acknowledge that a breach of this
Section 3 will constitute a material breach of our Agreement, which will entitle either us or a
registry to terminate this Agreement immediately upon such breach without any refund and without
notice to you.
4. TERM. This Agreement will remain in effect during the term of your domain name registration as
selected, recorded and paid for at the time of registration or any renewal thereof. Should the
domain name be transferred to another registrar, the terms and conditions of this Agreement shall
cease.
5. MODIFICATIONS TO AGREEMENT. You acknowledge that the practice of registering and administering
domain names is constantly evolving; therefore, you agree that Tucows may modify this Agreement, or
any other related and/or applicable agreement, as is necessary to comply with its agreements with
ICANN, a registry or any other entity or individual, as well as to adjust to changing
circumstances. All amendments to this Agreement will be posted on our website. Your continued use
of the domain name registered to you will constitute your acceptance of this Agreement with any
revisions. If you do not agree to any change, you may request that your domain name registration be
cancelled or transferred to a different accredited registrar. You agree that such cancellation or
request for transfer will be your exclusive remedy if you do not wish to abide by any change to
this Agreement, or any other related and/or applicable agreement.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you
must use the Account Identifier and Password that you selected when you opened your account with
us. You agree to safeguard your Account Identifier and Password from any unauthorized use. In no
event shall we be liable for the unauthorized use or misuse of your Account Identifier or
Password.
7. NO GUARANTEE. You acknowledge that registration or reservation of your chosen domain name does
not confer immunity from objection to the registration, reservation or use of the domain name.
8. DOMAIN NAME DISPUTES. You agree that, if the registration or reservation of your domain name is
challenged by a third party, you will be subject to the provisions specified in the dispute policy
adopted by the applicable registry. You agree that in the event a domain name dispute arises with
any third party, you will indemnify and hold us harmless pursuant to the terms and conditions
contained in the applicable policy. If Tucows is notified that a complaint has been filed with a
judicial or administrative body regarding your domain name, Tucows may, at its sole discretion,
suspend your ability to use your domain name or to make modifications to your registration records
until (i) Tucows is directed to do so by the judicial or administrative body, or (ii) Tucows
receives notification by you and the other party contesting your domain that the dispute has been
settled. Furthermore, you agree that if you are subject to litigation regarding your registration
or use of your domain name, Tucows may deposit control of your registration record into the
registry of the judicial body by supplying a party with a registrar certificate from us.
9. POLICY. You agree that your registration of the domain name shall be subject to suspension,
cancellation, or transfer pursuant to a Tucows, registry, ICANN or government-adopted policy, or
pursuant to any registrar or registry procedure not inconsistent with a Tucows, registry, ICANN or
government-adopted policy, (1) to correct mistakes by us or a registry in registering the name or
(2) for the resolution of disputes concerning the domain name.
10. AGENCY. Should you intend to license use of a domain name to a third party you shall
nonetheless be the domain name holder of record and are therefore responsible for providing your
own full contact information and for providing and updating accurate technical and administrative
contact information adequate to facilitate timely resolution of any problems that arise in
connection with the domain name. You shall accept liability for harm caused by wrongful use of the
domain name. You represent that you will secure the agreement of any third party to the terms and
conditions in this Agreement.
11. ANNOUNCEMENTS. We reserve the right to distribute information to you that is pertinent to the
quality or operation of our services and those of our service partners. These announcements will be
predominately informative in nature and may include notices describing changes, upgrades, new
products or other information to add security or to enhance your identity on the Internet.
12. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with
respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely
limited to the amount you paid for the initial registration of your domain name. Tucows and its
directors, employees, affiliates, subsidiaries, agents and third party providers, ICANN and the
applicable registries shall not be liable for any direct, indirect, incidental, special or
consequential damages resulting from the use or inability to use any of the Services or for the
cost of procurement of substitute services. Because some states do not allow the exclusion or
limitation of liability for consequential or incidental damages, in such states, our liability is
limited to the extent permitted by law. We disclaim any and all loss or liability resulting from,
but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2)
loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability
resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of
your account identifier or password; (5) loss or liability resulting from errors, omissions, or
misstatements in any and all information or services(s) provided under this Agreement; (6) loss or
liability resulting from the interruption of your Service. You agree that we will not be liable for
any loss of registration and use of your domain name, or for interruption of business, or any
indirect, special, incidental, or consequential damages of any kind (including lost profits)
regardless of the form of action whether in contract, tort (including negligence), or otherwise,
even if we have been advised of the possibility of such damages.
13. INDEMNITY. You agree to release, indemnify, and hold Tucows, its contractors, agents,
employees, officers, directors and affiliates, ICANN, the applicable registries and their
respective directors, officers, employees, agents and affiliates harmless from all liabilities,
claims and expenses, including attorney's fees, of third parties arising out of or relating to the
registration or use of the domain name registered in your name, whether used by yourself, licensed
to a third party or pursuant to the Whois Privacy Service, including without limitation
infringement by you or a third party with access to your Account Identifier and Password. You also
agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in
the applicable Dispute Policy. When we are threatened with suit by a third party, we may seek
written assurances from you concerning your promise to indemnify us; your failure to provide those
assurances may be considered by us to be a breach of your Agreement and may result in the
suspension or cancellation of your domain name. This indemnification obligation will survive the
termination or expiration of this Agreement.
14. TRANSFER OF OWNERSHIP. The person named as Registrant on the Whois shall be the registered name
holder. The person named as administrative contact at the time the controlling account identifier
and password are secured shall be deemed the designate of the Registrant with the authority to
manage the domain name. You agree that prior to transferring ownership of your domain name to
another person (the "Transferee") you shall require the Transferee to agree, in writing to be bound
by all the terms and conditions of this Agreement. If the Transferee fails to be bound in a
reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this
Agreement, any such transfer will be null and void.
15. RENEWALS AND FORFEITURE. Domain names are registered for a finite period of time. You will
receive reminders immediately prior to the expiration of your registration inviting you to renew
your domain name and specifying the amount of time you have to renew your domain name. In the event
that you fail to renew your domain name in a timely fashion, your registration will expire and we
may, at our discretion, elect to assume the registration and may hold it for our own account,
delete it or we may sell it to a third party. You acknowledge and agree that your right and
interest in a domain name ceases upon its expiration and that any expired domain name may be made
available for registration by a third party.
If you fail to renew your registration, your domain name may cease to resolve and visitors to your
site may be redirected to a default page informing them that the site is no longer in service. This
parked or default page may feature advertisements posted by us for our own account.
If we, in our sole discretion, have elected to renew the registration, you will be entitled to a
grace period of forty (40) days during which you may re-register the domain name from us.
Additional costs for the redemption and re-registration will apply. During this grace period, we
may post a parked page and/or may revise the "Whois" registration records to include either our
information or that of your Reseller. The domain name also may be listed for auction and promoted
as being available for auction. If the name is sold during any such auction, it will be acquired by
a third party and will not remain available for re-registration by you after our stated grace
period. If you do not re-register the domain name during the grace period, the auction sale will be
concluded and ownership of the domain transferred to a third party. If you fail to renew your
domain name registration during the grace period, you acknowledge that you have abandoned the
domain name and that it is available for sale and registration by any third party.
16. BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule
or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and
that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar
days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to
us, that you have not breached your obligations under the Agreement, then we may delete the
registration or reservation of your domain name. Any such breach by you shall not be deemed to be
excused simply because we did not act earlier in response to that, or any other breach by you.
17. DISCLAIMER OF WARRANTIES. You agree that your use of our Services is solely at your own risk.
You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly
disclaim all warranties of any kind, whether express or implied, including but not limited to the
implied warranties of merchantability, fitness for a particular purpose and non-infringement. We
make no warranty that the Services will meet your requirements, or that the Service(s) will be
uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that
may be obtained from the use of the Service(s) or as to the accuracy or reliability of any
information obtained through the Service or that defects in the Service will be corrected. You
understand and agree that any material and/or data downloaded or otherwise obtained through the use
of Service is done at your own discretion and risk and that you will be solely responsible for any
damage to your computer system or loss of data that results from the download of such material
and/or data. We make no warranty regarding any goods or services purchased or obtained through the
Service or any transactions entered into through the Service. No advice or information, whether
oral or written, obtained by you from us or through the Service shall create any warranty not
expressly made herein.
18. INFORMATION. As part of the registration process, you are required to provide us certain
information and to update us promptly as such information changes such that our records are
current, complete and accurate. You are obliged to provide us the following information: (a) your
name and postal address (or, if different, that of the domain name holder); (b) the domain name
being registered; (c) the name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the administrative contact for the domain name; (d) the name, postal address,
e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the
domain name; and (e) the name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the technical contact for the domain name. Any voluntary information we
request is collected in order that we can continue to improve the products and services offered to
you through your Reseller.
19. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that we will make
domain name registration information you provide available to ICANN, to the registry
administrators, law enforcement agencies and to other third parties as applicable. You further
agree and acknowledge that we may make publicly available, or directly available to third party
vendors, some or all, of the domain name registration information you provide, for purposes of
inspection (such as through our Whois service) or other purposes as required or permitted by ICANN
and applicable laws. (a) You hereby consent to any and all such disclosures and use of, and
guidelines, limits and restrictions on disclosure or use of, information provided by you in
connection with the registration of a domain name (including any updates to such information),
whether during or after the term of your registration of the domain name. You hereby irrevocably
waive any and all claims and causes of action you may have arising from such disclosure or use of
your domain name registration information by us. (b) You may access your domain name registration
information in our possession to review, modify or update such information, by accessing our domain
manager service, or similar service, made available by us through your Reseller. (c) We will not
process or maintain data about any identified or identifiable natural person that we obtain from
you in a way incompatible with the purposes and other limitations which we describe in this
Agreement. (d) We will take reasonable precautions to protect the information we obtain from you
from our loss, misuse, unauthorized disclosure, alteration or destruction of that information.
20. OBLIGATION TO MAINTAIN WHOIS. Your wilful provision of inaccurate or unreliable information,
your wilful failure promptly to update information provided to us, or any failure to respond to
inquiries by us addressed to the email address of the registrant, the administrative, billing or
technical contact appearing in the Whois directory with respect to a domain name concerning the
accuracy of contact details associated with the registration shall constitute a material breach of
this Agreement and be a basis for cancellation of the domain name registration. Any information
collected by us concerning an identified or identifiable natural person ("Personal Data") will be
used in connection with the registration of your domain name(s) and for the purposes of this
Agreement and as required or permitted by ICANN or an applicable registry policy.
21. REVOCATION. We, in our sole discretion, reserve the right to deny, cancel, suspend, transfer or
modify any domain name registration to correct a mistake, protect the integrity and stability of
the company and any applicable registry, to comply with any applicable laws, government rules, or
requirements, requests of law enforcement, in compliance with any dispute resolution process, or to
avoid any liability, civil or criminal. You agree that we shall not be liable to you for loss or
damages that may result from our refusal to register or cancel, suspend, transfer or modify your
domain name registration.
22. INCONSISTENCIES WITH REGISTRY POLICIES. In the event that this Agreement may be inconsistent
with any term, condition, policy or procedure of an applicable registry, the term, condition,
policy or procedure of the applicable registry shall prevail.
23. NON-WAIVER. Our failure to require performance by you of any provision hereof shall not affect
the full right to require such performance at any time thereafter; nor shall the waiver by us of a
breach of any provision hereof be taken or held to be a waiver of the provision itself.
24. NOTICES. Any notice, direction or other communication given under this Agreement shall be in
writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice
shall only have been deemed to be given when an electronic confirmation of delivery has been
obtained by the sender. E-mail notification to Tucows must be sent to lhutz@tucows.com. Any notice to you will be sent to the e-mail
address provided by you in your Whois record. Any e-mail communication shall be deemed to have been
validly and effectively given on the date of such communication, if such date is a business day and
such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered
on the next business day. In the case of regular mail notice, valid notice shall be deemed to have
been validly and effectively given five (5) business days after the date of mailing Postal notices
to Tucows shall be sent to:
Tucows.com Co.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1
CANADA
Attention: Legal Affairs
and in the case of notification to you shall be sent to the address specified in the
"Administrative Contact" in your Whois record.
25. ENTIRETY. You agree that this Agreement, the applicable dispute policy and the rules and
policies published by Tucows and any applicable registry or other governing authority, are the
complete and exclusive agreement between you and us regarding our Services.
26. NO THIRD PARTY BENEFICIARIES. This Agreement shall not be construed to create any obligation by
either Tucows or Registrant to any non-party to this Agreement. Enforcement of this Agreement,
included any provisions incorporated by reference, is a matter solely for the parties to this
Agreement.
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. 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.
30. 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
31. 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.
32. TLD'S. The following additional provisions apply to any domain names that you register through
Tucows with the various registries:
a..com/net Domains: In the case of a ".com" or ".net" registration, the following terms and
conditions will apply:
i.Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Domain
Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and
comply with the requirements set forth by the Registry; these policies are subject to
modification;
ii.For the adjudication of disputes concerning or arising from use of the domain name, the
Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant's domicile, and (2) where Tucows is located,
presently Toronto, Ontario.
b..org Domains: In the case of a ".org" registration, the following terms and conditions will
apply:
i.Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Dom ain
Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and
comply with the requirements set forth by the Registry. These policies are subject to
modification;
ii.For the adjudication of disputes concerning or arising from use of the domain name, the
Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant's domicile, and (2) where Tucows is located,
presently Toronto, Ontario.
c..info Domains: In the case of a ".info" registration, the following terms and conditions will
apply:
i.Registrant's Personal Data. You consent to the use, copying, distribution, publication,
modification, and other processing of Registrant's personal data by Afilias, the .INFO registry,
and its designees and agents, in a manner consistent with the purposes specified pursuant to its
contract;
ii.Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Domain
Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and
comply with the requirements set forth by the Registry. These policies are subject to
modification;
iii.For the adjudication of disputes concerning or arising from use of the domain name, the
Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant's domicile, and (2) where Tucows is located,
presently Toronto, Ontario;
iv.Reservation of Rights. Tucows and Afilias expressly reserve the right to deny, cancel, transfer,
or modify any registration that either registrar or Afilias deems necessary, at its discretion, to
protect the integrity and stability of the registry, to comply with any applicable law, any
government rule or requirement, any request of law enforcement, any dispute resolution process, or
to avoid any liability, civil or criminal, on the part of the registrar and/or Afilias, as well as
their affiliates, subsidiaries, executives, directors, officers, managers, employees, consultants,
and agents. The registrar and Afilias also reserve the right to suspend a domain name or its
registration data during resolution of a dispute.
d..biz Domains. In the case of a ".biz" registration, the following terms and conditions will
apply:
i..biz Restrictions. Registrations in the .biz top-level domain must be used or intended to be used
primarily for bona fide business or commercial purposes. For the purposes of the .biz registration
restrictions, "bona fide business or commercial use" shall mean the bona fide use or bona fide
intent to use the domain name or any content, software, materials, graphics or other information
thereon, to permit Internet users to access one or more host computers through the DNS: (A) to
exchange goods, services, or property of any kind; (B) in the ordinary course of business; or (C)
to facilitate (i) the exchange of goods, services, information or property of any kind; or (ii) the
ordinary course of trade or business.
For more information on the .biz restrictions, which are incorporated herein by reference, please
see: http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
ii.Selection of a Domain Name. You represent that: (A) the data provided in the domain name
registration application is true, correct, up to date and complete, and that you will continue to
keep all of the information provided correct, up-to-date and complete; (B) to the best of the your
knowledge and belief, neither this registration of a domain name nor the manner in which it is
directly or indirectly to be used infringes upon the legal rights of a third party; (C) that the
domain name is not being registered for nor shall it at any time whatsoever be used for any
unlawful purpose whatsoever; (D) the registered domain name will be used primarily for bona fide
business or commercial purposes and not (a) exclusively for personal use, or (b) solely for the
purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the
unsolicited offering to sell, trade or lease the domain name for compensation; (E) you have the
authority to enter into this Registration Agreement; and (F) the registered domain name is
reasonably related to your business or intended commercial purpose at the time of registration.
iii.Provision of Registration Data. As part of the registration process, you are required to
provide us with certain information and to keep the information true, current, complete, and
accurate at all times. The information includes the following: (A) your full name; (B) your postal
address; (C) your e-mail address; (D) your voice telephone number; (E) your fax number (if
applicable); (F) the name of an authorized person for contact purposes in the case of a registrant
that is an organization, association, or corporation; (G) the IP addresses of the primary
nameserver and any secondary nameserver for the domain name; (H) the corresponding names of the
primary and secondary nameservers; (I) the full name, postal address, e-mail address, voice
telephone number, and, when available, fax number of the administrative, technical, and billing
contacts, and the name holder for the domain name; and (J) any remark concerning the domain name
that should appear in the Whois directory. (K) You agree and understand that the foregoing
registration data will be publicly available and accessible on the Whois directory as required by
ICANN and/or registry policies, and may be sold in bulk in accordance with the ICANN agreement.
iv.Domain Name Disputes. You acknowledge having read and understood and agree to be bound by the
terms and conditions of the following documents, as they may be amended from time to time, which
are hereby incorporated and made an integral part of this Agreement: (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.
f..at Domains. In the case of a ".at" registration, the following terms and conditions will
apply:
i.Registry Policy. You acknowledge and understand that by accepting the terms and conditions of
this agreement you shall be bound by Registry policies and any pertinent rules or policies that
exist now or in the future and which are posted on the Registry website at http://www.nic.at/en/service/legal_information/terms_conditions/.
You are responsible for monitoring the Registry's site on a regular basis. In the event that you do
not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to
cancel your domain name registration by following the appropriate Registry policy regarding such
cancellation.
g..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=121.
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.
h..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;
i..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.verisign.com/information-services/naming-services/cctlds/page_042130.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.verisign.com/information-services/naming-services/cctlds/page_042130.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 policy, your sole remedy is to
cancel your domain name registration by following the appropriate Registry policy regarding such
cancellation.
j..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.
k..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.
l..de Domains. In the case of a ".de" registration, the following terms and conditions will
apply:
i.Selection of a Domain Name. You represent that: (A) you have reviewed and have accepted the
Registry's Terms and Conditions and the Registry's Guidelines and have provided your Reseller with
written confirmation of same;you have reviewed and have accepted the Registry's Terms and
Conditions and the Registry's Guidelines and have provided your Reseller with written confirmation
of same; (B) either you, or the person designated as the administrative contact for the domain
name, shall be resident or shall have a branch in Germany; (C) to the best of the your knowledge
and belief, neither this registration of a domain name nor the manner in which it is directly or
indirectly to be used infringes upon the legal rights of a third party and, further, that the
domain name is not being registered for nor shall it at any time whatsoever be used for any
unlawful purpose whatsoever.
ii.Domain Name Disputes. You agree that, if the registration or reservation of your domain name is
challenged by a third party, you will be subject to the provisions specified by the Registry or any
court of law. You agree that in the event a domain name dispute arises with any third party, you
will indemnify and hold us harmless pursuant to the terms and conditions specified by the Registry
or any court of law.
iii.Registry Policies. You agree to be bound by the Registry's Registration Terms and Conditions
and the Registration Guidelines. English language translations of the Registry's documents are
provided for convenience; in the event of a discrepancy between the English and the German language
agreements, the terms of the German agreement will prevail. The Registry documents may be found at:
English: (A) Registration Terms and Conditions http://www.denic.de/en/bedingungen.html; (B)
Registration Guidelines http://www.denic.de/en/richtlinien.html; German: (C)
DENIC-Registrierungsbedingungen http://www.denic.de/de/bedingungen.html (D)
DENIC-Registrierungsrichtlinien http://www.denic.de/de/richtlinien.html
m..eu domains. In the case of a ".eu" registration, the following terms and conditions will
apply:
i.Eligibility Criteria. .eu domain names are available for registration to companies and persons
who fulfill the following criteria. As a condition of registration, you accordingly represent that
you are: (A) an undertaking having its registered office, central administration or principal place
of business within the European Community; (B) an organization established within the European
Community without prejudice to the application of national law, or (C) a natural person resident
within the European Community.
ii.Registry Policy. You acknowledge and understand that by accepting the terms and conditions of
this agreement you shall be bound by Registry policies and any pertinent rules or policies that
exist now or in the future and which are posted on the Registry website. Registration policies of
the Registry and the terms and conditions applicable to your .eu registration may be found at:
http://www.eurid.eu/images/Documents/V2_Trms_Cond/terms%20conditions%20v2_en.pdf.
You are responsible for monitoring the Registry's site on a regular basis. In the event that you do
not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to
cancel your domain name registration by following the appropriate Registry policy regarding such
cancellation.
iii.Domain Name Disputes. You agree that, if the registration or reservation of your domain name is
challenged by a third party, you will be subject to the provisions specified by the Registry or any
court of law.
n..fr Domains. In the case of a ".fr" registration, the following terms and conditions will
apply:
i.Representation of Registrant. .fr domain names are available for registration to companies and
persons who fulfill the following criteria. As a condition of registration, you accordingly
represent that you are: (A) A legal entity: (I) whose head office is in France; (or), (II) which
possess an address in France which is expressly listed in the public electronic databases of the
registrars of the commercial courts or the National Statistical and Economic Studies Institute
(INSEE), (or), (III) State institutions or departments, local authorities or associated
establishments, (or), (IV) which own a trademark registered with the National Intellectual Property
Institute or own a registered EU or international trademark
which expressly includes French territory.
ii.Administrative Contact. Each registrant must designate an administrative contact to act as a
coordinator between the registrant and the Registry. In the case of .fr registrations, the
administrative contact must be based in France where it can receive legal and other documents.
iii.Registry Policies. You agree to be bound by the Registry's Naming Charter, its registration
rules for .fr. English language translations of the Registry's documents are provided for
convenience. The Registry documents may be found at: http://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.
o..it Domains. In the case of a "it" registration, the following terms and conditions shall
apply:
i.Registration Criteria. Registration of an .it name is restricted to subjects belonging to a
member state of the European Union. Individuals and associations operating without a VAT number or
a fiscal code are limited to a single domain name registration.
ii.Registry Policy. You acknowledge and understand that by accepting the terms and conditions of
this agreement you shall be bound by Registry policies and any pertinent rules or policies that
exist now or in the future and which are posted on the Registry website at http://www.nic.it/NA/regole-naming-curr-engl.txt.
You are responsible for monitoring the Registry's site on a regular basis. In the event that you do
not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to
cancel your domain name registration by following the appropriate Registry policy regarding such
cancellation. Additional policies, including transfer procedures and "netiquette" rules may be
found at http://www.nic.it/NA/index-engl.html.
p..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:
https://www.sidn.nl/fileadmin/docs/PDF-files_UK/General%20Terms%20and%20Conditions%20for%20.nl%20Registrants.pdf.
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 https://www.sidn.nl/en/about-nl/disputes-and-complaints/.
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.
q..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.verisign.com/information-services/naming-services/cctlds/page_042130.html"
and expressly agree to the terms outlined therein.
r..uk Domains. In the case of a .uk registration, the following terms and conditions will
apply:
i."Nominet UK" means the entity granted the exclusive right to administer the registry for .uk
domain name registrations.
ii.Domain Name Dispute Policy. If you reserved or registered a domain name through us, or
transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy
which is incorporated herein and made a part of this Agreement by reference. The current version of
the Dispute Policy may be found at: http://www.nominet.org.uk/disputes/. Please take the time
to familiarize yourself with this policy.
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/disputes/terms/
When you submit a request for a domain name registration with Tucows and/or Reseller, you will be
entering into two contracts - one contract with Tucows and/or Reseller and one contract with
Nominet UK.
Tucows and your Reseller will act as agents on your behalf by submitting your application to
Nominet for you, however, you will still be entering into a direct contract between you and Nominet
UK. This is a separate contract from this agreement; may be found at http://resellers.tucows.com/contracts/uk/ukterms.
Tucows and Reseller must also make you aware that by accepting Nominet's terms and conditions you
are consenting to Nominet using your personal data for a variety of reasons. In particular, your
name and address may be published as part of Nominet's Whois look-up service.
iii.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.
s..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.
v.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 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. (B) 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. (C) 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.
vi.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.
vii.Indemnity. The DOC shall be added to the parties you have agreed to indemnify in Section 13
hereinabove.
viii.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;
ix.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.
x.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.
t..asia Domains. In the case of a .asia registration, the following terms apply:
i.The Registered Name Holder/Registrant consents to the use, copying, distribution, publication,
modification and other processing of its Personal Data by DotAsia Organisation Limited and its
designees and agents in a manner consistent with the purposes specified pursuant to the
Registry-Registrar Agreement and with relevant mandatory local data protection, laws and
privacy.
ii.The Registered Name Holder/Registrant agrees to correct and update the registration information
for the Registered Name immediately during the registration term for the Registered Name.
iii.In addition to the complying with the Registrar's policies, the Registered Name
Holder/Registrant* agrees to comply with those ICANN requirements, standards, policies, procedures,
and practices for which the Registry Operator DotAsia Organisation Limited has monitoring
responsibility in accordance with the Registry Agreement or with other arrangements with ICANN.
iv.The Registered Name Holder/Registrant agrees to comply with all the operational standards,
policies, procedures, and practices for the .ASIA Registry as established from time to time in a
non-arbitrary manner by DotAsia Organisation Limited (".ASIA Registry Policies"). The Registered
Name Holder/Registrant acknowledges that .ASIA Registry Policies are applicable to all registrars
and/or registered name holders/registrants. Any changes of the .ASIA Registry Policies by the
DotAsia Organisation Limited that are consistent with the Registry Agreement shall be effective
upon thirty (30) days' notice by DotAsia Organisation Limited to Registrar. The Registered Name
Holder/Registrant further agrees to be bound by the terms and conditions as set down by DotAsia
Organisation Limited during the initial launch and the general operations of the .ASIA TLD,
including without limitation its Start-Up Policies where such terms and conditions include the
submission to a binding arbitration for disputes arising from the Start-Up process or any
allocation of domain names.
v.The Registered Name Holder/Registrant agrees to submit to proceedings commenced under ICANN's
Uniform Domain Name Dispute Resolution Policy ("UDRP") and to proceedings commenced under ICANN's
Charter Eligibility Dispute Resolution Policy ("CEDRP"). The Registered Name Holder/Registrant
agrees to submit to proceedings commenced under other dispute resolution policies as set forth by
DotAsia Organisation Limited from time to time in the Registry Policies, including but not limited
to expedited processes for suspension of a domain name by claims sought by intellectual property
right holders, Internet engineering and security experts or other competent claimants in the
purpose of upholding the stability, security and integrity of the .ASIA Registry.
vi.The Registered Name Holder/Registrant acknowledges and agrees to comply with the .ASIA Charter
Eligibility Requirement. The Registered Name Holder/Registrant* acting as Registrant Contact
represents and warrants that it has made known to the Charter Eligibility Declaration Contact (the
"CED Contact"), and the CED Contact has agreed, that the Registrant Contact and the CED Contact
will jointly be defined as the Registered Name Holder, and that it shall be jointly responsible for
the Registered Name in the event of a dispute or a challenge over the Registered Name
Holder/Registrant's* legal entitlement to or the ownership of the Registered Name. The CED Contact
shall be bound by the provisions in the DotAsia Organisation Limited's .ASIA Charter Eligibility
Requirement Policy published from time to time. Registered Name Holder/Registrant acting as
Registrant Contact agrees that it has obtained an agreement from the CED Contact that the
Registrant Contact shall remain the Operating Contact for all operations of the domain, including
but not limited to domain transfer and updates.
vii.The Registered Name Holder/Registrant agrees to indemnify, to the maximum extent permitted by
law, defend and hold harmless the Registry Operator DotAsia Organisation Limited and its directors,
officers, employees and agents from and against any and all claims, damages, liabilities, costs and
expenses, including reasonable legal fees and expenses, arising out of or relating to the
Registered Name Holder's domain name registration and or use. Notwithstanding the other provisions
in this Agreement, the Registered Name Holder agrees that this indemnification obligation shall
survive the termination or expiration of this registration agreement.
viii.The Registered Name Holder/Registrant acknowledges and agrees that DotAsia Organisation
Limited and Registry Services Provider, acting in consent with DotAsia Organisation Limited,
reserves the right to deny, cancel or transfer any registration that it deems necessary, in its
sole discretion (i) to protect the integrity security, and stability of the registry; (ii) to
comply with all appropriate laws, government rules or requirements, requests of law enforcement, in
compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on
the part of DotAsia Organisation Limited as well as its affiliates, subsidiaries, officers,
directors, representatives, employees, and stockholders; (iv) for violations of the terms and
conditions herein: or (v) to correct mistakes made by DotAsia Organisation Limited, the Registry
Services Provider or any registrar in connection with a domain name registration. DotAsia
Organisation Limited also reserves the right to freeze a Registered Name such as placing a domain
name on hold, lock, or other status during the resolution of a dispute.
ix.Notwithstanding anything in this Agreement to the contrary, DotAsia Organisation Limited, the
Registry Operator of the .ASIA TLD, is and shall be an intended third party beneficiary of this
Agreement. As such, the parties to this Agreement acknowledge and agree that the third party
beneficiary rights of DotAsia Organisation Limited have vested and that it has relied on its third
party beneficiary rights under this Agreement in agreeing to Tucows being a registrar for the .ASIA
TLD. Additionally, the third party beneficiary rights of DotAsia Organisation Limited shall survive
any termination or expiration of this Agreement.
x.The Registered Name Holder/Registrant acknowledges that in the event of conflict between this
section of the Agreement and other sections of the same, this section shall prevail.
u..li Domains. In the case of a .li 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.
v..me Domains. In the case of a .me 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.nic.me/index.php?page=25. 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 .me 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.me/index.php?page=25. Please take the time
to familiarize yourself with this policy.
w..tel Domains. In the case of a .tel 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://telnic.com/downloads/AUP.pdf. 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.
x..mobi Domains. In the case of a .mobi 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://mtld.mobi/system/files/Registrar-Registrant+Agreement+Text+%5BJan+09+revision%5D.pdf.
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.
y..in Domains. In the case of a ".in" 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.registry.in/policies/. 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.
z..bz Domains. In the case of a ".bz" 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.afilias-grs.info/public/policies/bz.
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.
aa..ws Domains. In the case of a ".ws" 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.worldsite.ws/legal/index.dhtml?url=worldsite.ws.
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.
ab..co and .com.co, .net.co, .nom.co Domains. In the case of a ".com.co" or ".net.co" or ".nom.co"
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.cointernet.co/domain/policies-procedures.
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.
ac..com.au, .net.au, .org.au, .asn.au, .id.au Domains. In the case of a “com.au”, “.net.au”,
“.org.au”, “.asn.au” or “.id.au” registration, the following terms and conditions shall apply:
i.auDA AND REGISTRAR'S AGENCY: (1) In this agreement, auDA means .au Domain Administration Limited
ACN079 009 340, the .au domain names administrator.
The Registrar acts as agent for auDA for the sole purpose, but only to the extent necessary to
enable auDA to receive the benefit of rights and covenants conferred to it under this agreement.
auDA is an intended third party beneficiary of this agreement.
33.auDA PUBLISHED POLICY: (1) In this clause, auDA Published Policies means those specifications
and policies established and published by auDA from time to time at http://www.auda.org.au/ (2) Registrant must comply with all auDA
Published Policies, as if they were incorporated into, and form part of, this agreement. In the
event of any inconsistency between any auDA Published Policy and this agreement, then the auDA
Published Policy will prevail to the extent of such inconsistency.
34.Registrant acknowledges that under the auDA Published Policies: (1) there are mandatory terms
and conditions that apply to all domain names licences, and such terms and conditions are
incorporated into, and form part of, this agreement; and (2) Registrant is bound by, and must
submit to, the .au Dispute Resolution Policy; and (3) auDA may delete or cancel the registration of
a .au domain name.
35.auDA'S LIABILITIES AND INDEMNITY: (1) To the fullest extent permitted by law, auDA will not be
liable to Registrant for any direct, indirect, consequential, special, punitive or exemplary losses
or damages of any kind (including, without limitation, loss of use, loss or profit, loss or
corruption of data, business interruption or indirect costs) suffered by Registrant arising from,
as a result of, or otherwise in connection with, any act or omission whatsoever of auDA, its
employees, agents or contractors. (2) Registrant agrees to indemnify, keep indemnified and hold
auDA, its employees, agents and contractors harmless from all and any claims or liabilities,
arising from, as a result of, or otherwise in connection with, Registrant's registration or use of
its .au domain name. (3) Nothing in this document is intended to exclude the operation of Trade
Practices Act 1974.
36.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 (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.
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