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APPENDIX A (.ca)
Registration Agreement
In order that a party may hold a valid .ca domain name registration, TUCOWS,
requires that all registrants adhere to certain terms and conditions. As an
organization or individual applying to register, transfer or renew an .ca domain
name via the agency of wundersolutions.com and/or TUCOWS you accordingly agree
as follows:
- AGREEMENT. In this Registration Agreement ("Agreement") , "we",
us" and "our" refer to TUCOWS Inc. and "Services" refers to the domain name
registration, transfer or renewal services provided by us as offered through
wundersolutions.com, the Registration Service Provider ("RSP"). CIRA shall
refer to the entity granted the exclusive right to administer the registry
for .ca domain name registrations.
- SELECTION OF A DOMAIN NAME. 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 used infringes the legal
rights of a third party and that the domain name is not being registered for
any unlawful purpose.
- FEES. As consideration for the Services you have selected, you
agree to pay to us, or your respective RSP who remits payment to us on your
behalf, the applicable fees. All fees payable hereunder are non-refundable.
As further consideration for the Services, you agree to: (1) provide certain
current, complete and accurate information about you as required by the registration
process and (2) maintain and update this information as needed to keep it
current, complete and accurate. All such information shall be referred to
as account information ("Account Information"). You, by completing and submitting
this Agreement represent that the statements in your application are true.
- TERM. You agree that this Agreement will remain in full force during
the term of your domain name registration as selected, recorded, and paid
for upon registration of the domain name. Should you choose to renew the term
of your domain name registration, then the term of this Agreement will be
extended accordingly. Should you transfer your domain name or should the domain
name otherwise be transferred to another Registrar, the terms and conditions
of this contract shall cease and shall be replaced by the contractual terms
in force between domain name registrants and the new Registrar.
- MODIFICATIONS TO AGREEMENT. You agree, during the period of this
Agreement, that we may: (1) revise the terms and conditions of this Agreement;
and (2) change the services provided under this Agreement. Any such revision
or change will be binding and effective immediately on posting of the revised
Agreement or change to the service(s) on our web site, or on notification
to you by e-mail or regular mail as per the Notices section of this agreement.
You agree to review our web site, including the Agreement, periodically to
be aware of any such revisions. If you do not agree with any revision to the
Agreement, you may terminate this Agreement at any time by providing us with
notice by e-mail or regular mail as per the Notices section of this agreement.
Notice of your termination will be effective on receipt and processing by
us. You agree that, by continuing to use the Services following notice of
any revision to this Agreement or change in service(s), you shall abide by
any such revisions or changes. You further agree to abide by the CIRA dispute
resolution policy ("Dispute Policy") as amended from time to time. You agree
that, by maintaining the reservation or registration of your domain name after
modifications to the Dispute Policy become effective, you have agreed to these
modifications. You acknowledge that if you do not agree to any such modifications,
you may request that your domain name be deleted from the domain name database.
- MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account
information with us, you must use your account identifier and password that
you selected when you opened your account with us. Please safeguard your account
identifier and password from any unauthorized use. In no event will we be
liable for the unauthorized use or misuse of your account identifier or password.
- 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 the CIRA website. Please take the time to familiarize
yourself with this policy.
- DOMAIN NAME DISPUTES. You agree that, if the registration or reservation
of your domain name is challenged by a third party, you will be subject to
the provisions specified in the Dispute Policy in effect at the time of the
dispute. You agree that in the event a domain name dispute arises with any
third party, you will indemnify and hold us harmless pursuant to the terms
and conditions contained in the Dispute Policy.
- CIRA POLICY. You agree that your registration of the domain name
shall be subject to suspension, cancellation, or transfer pursuant to any
CIRA-adopted policy, or pursuant to any registrar or registry procedure not
inconsistent with an CIRA-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.
- AGENCY. Should you intend to license use of a domain name to a
third party you shall nonetheless be the domain name registrant 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 thedomain name. You also represent that you have
provided notice of the terms and conditions in this Agreement to the third
party and that the third party agrees to the terms of Disclosure and Use of
Registration Information (sections 18 and 19 of this Agreement).
- ANNOUNCEMENTS. We and the RSP reserve the right to distribute information
to you that is pertinent to the quality or operation of our services and those
of our service partners. These announcements will be predominately informative
in nature and may include notices describing changes, upgrades, new products
or other information to add security or to enhance your identity on the Internet.
- LIMITATION OF LIABILITY. You agree that our entire liability, and
your exclusive remedy, with respect to any Services(s) provided under this
Agreement and any breach of this Agreement is solely limited to the amount
you paid for such Service(s). We and our contractors shall not be liable for
any direct, indirect, incidental, special or consequential damages resulting
from the use or inability to use any of the Services or for the cost of procurement
of substitute services. Because some jurisdictions do not allow the exclusion
or limitation of liability for consequential or incidental damages, in such
jurisdictions, our liability is limited to the extent permitted by law. We
disclaim any and all loss or liability resulting from, but not limited to:
(1) loss or liability resulting from access delays or access interruptions;
(2) loss or liability resulting from data non-delivery or data mis-delivery;
(3) loss or liability resulting from acts of God; (4) loss or liability resulting
from the unauthorized use or misuse of your account identifier or password;
(5) loss or liability resulting from errors, omissions, or misstatements in
any and all information or services(s) provided under this Agreement; (6)
loss or liability resulting from the interruption of your Service. You agree
that we will not be liable for any loss of registration and use of your domain
name, or for interruption of business, or any indirect, special, incidental,
or consequential damages of any kind (including lost profits) regardless of
the form of action whether in contract, tort (including negligence), or otherwise,
even if we have been advised of the possibility of such damages.
- INDEMNITY. You agree to release, indemnify, and hold us, our contractors,
agents, employees,officers, directors and affiliates harmless from all liabilities,
claims and expenses, including attorney's fees, from claims by third parties,
including but not limited to the RSP and CIRA relating to or arising under
this Agreement, the Services provided hereunder or your use of the Services,
including without limitation infringement by you, or someone else using the
Service with your computer, of any intellectual property or other proprietary
right of any person or entity, or from the violation of any of our operating
rules or policy relating to the service(s) provided. You also agree to release,
indemnify and hold us harmless pursuant to the terms and conditions contained
in the CIRA Dispute Policy. When we are threatened with suit by a third party,
we may seek written assurances from you concerning your promise to indemnify
us; your failure to provide those assurances may be considered by us to be
a breach of your Agreement and may result in deactivation of your domain name.
- TRANSFER OF OWNERSHIP. Any transfer of ownership in and to a domain
name registration shall be affected in accordance with CIRA policies and procedures.
- BREACH. You agree that failure to abide by any provision of this
Agreement, any operating rule or policy or the Dispute Policy, 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.
- NO GUARANTY. You agree that, by registration or reservation of
your chosen domain name, such registration or reservation does not confer
immunity from objection to either the registration, reservation, or use of
the domain name.
- 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.
- 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:
- Your name and postal address (or, if different, that of the domain name
holder);
- The domain name being registered;
- The name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the administrative contact for the domain name;
- The name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the billing contact for the domain name.
- The Internet Protocol number of the primary name server and secondary
name server(s) for each domain name registration and the corresponding names
of those name servers.
Any voluntary information we request is collected such that we can continue
to improve the products and services offered to you through your RSP.
- DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge
that we will make domain name registration information you provide available
to CIRA, to the registry administrators, and to other third parties as CIRA
and applicable laws may require or permit. You further agree and acknowledge
that we may make publicly available, or directly available to third party
vendors, some, or all, of the domain name registration information you provide,
for purposes of inspection (such as through our WHOIS service) or other purposes
as required or permitted by CIRA and the applicable laws. You hereby consent
to any and all such disclosures and use of, and guidelines, limits and restrictions
on disclosure or use of, information provided by you in connection with the
registration of a domain name (including any updates to such information),
whether during or after the term of your registration of the domain name.
You hereby irrevocably waive any and all claims and causes of action you may
have arising from such disclosure or use of your domain name registration
information by us. You may access your domain name registration information
in our possession to review, modify or update such information, by accessing
our domain manager service, or similar service, made available by us through
your RSP. We will not process data about any identified or identifiable natural
person that we obtain from you in a way incompatible with the purposes and
other limitations which we describe in this Agreement. We will take reasonable
precautions to protect the information we obtain from you from our loss, misuse,
unauthorized accessor disclosure, alteration or destruction of that information
- REVOCATION. 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 ÒWhoisÓ 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 (ÒPersonal DataÓ) 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 the ICANN Agreement or an ICANN/Registry Operator
policy.
- RIGHT OF REFUSAL. We, in our sole discretion, reserve the right
to refuse to register or reserve your chosen domain name or register you for
other Services within thirty (30) calendar days from receipt of your payment
for such services. In the event we do not register or reserve your domain
name or register you for other Services, or we delete your domain name or
other Services within such thirty (30) calendar day period, we agree to refund
your applicable fee(s). You agree that we shall not be liable to you for loss
or damages that may result from our refusal to register, reserve, or delete
your domain name or register you for other Services.
- SEVERABILITY. You agree that the terms of this Agreement are severable.
If any term or provision is declared invalid or unenforceable, that term or
provision will be construed consistent with applicable law as nearly as possible
to reflect the original intentions of the parties, and the remaining terms
and provisions will remain in full force and effect.
- NON-AGENCY. Nothing contained in this Agreement or the Dispute
Policy shall be construed as creating any agency, partnership, or other form
of joint enterprise between the parties.
- 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.
- NOTICES. Any notice, direction or other communication given under
this Agreement shall be in writing and given by sending it via e-mail or via
regular mail. In the case of e-mail, valid notice shall only have been deemed
to have been given when an electronic confirmation of delivery has been obtained
by the sender. In the case of e-mail notification to us or to the RSP to lhutz@tucows.com
or [Insert E-mail Address for RSP] or, in the case of notice to you, at the
e-mail address provided by you in your WHOIS record. Any e-mail communication
shall be deemed to have been validly and effectively given on the date of
such communication, if such date is a business day and such delivery was made
prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered
on the next business day. In the case of regular mail notice, valid notice
shall be deemed to have been validly and effectively given 5 business days
after the date of mailing and, in the case of notification to us or to the
RSP shall be sent to:
TUCOWS Com Co
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
OR -
wundersolutions.com
P.O. Box 66
Station P
704 Spadina Ave
Toronto, ON
Canada
M5S 2S6
and in the case of notification to you shall be to the address specified in
the ÒAdministrative ContactÓ in your WHOIS record.
- ENTIRETY. You agree that this Agreement, the rules and policies
published by us and the Dispute Policy are the complete and exclusive agreement
between you and us regarding our Services. This Agreement and the Dispute
Policy supersede all prior agreements and understandings, whether established
by custom, practice, policy or precedent.
- 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.
- INFANCY. You attest that you are of legal age to enter into this
Agreement.
- INCONSISTENCIES WITH CIRA. In the event that this Agreement may
be inconsistent with any term, condition , policy or procedure of CIRA, the
term, condition, policy or procedure of CIRA shall prevail.
- 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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