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EXHIBIT A (.de)
.de Registration Agreement
1. AGREEMENT. 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 Inc., "Registry" refers to DENIC eG, and
"Services" refers to the domain name registration provided by us as offered
through wundersolutions.com, the registration service provider ("Reseller").
This Agreement explains our obligations to you, and explains your obligations
to us for the Services.
2. SELECTION OF A DOMAIN NAME. You represent that:
(i) 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;
(ii) either you, or the person designated as the administrative contact for
the domain name, shall be resident or shall have a branch in Germany;
(iii) to the best of the your knowledge and belief, neither this registration
of a domain name nor the manner in which it is directly or indirectly to be
used infringes upon the legal rights of a third party and, further, that the
domain name is not being registered for nor shall it at any time whatsoever
be used for any unlawful purpose whatsoever.
3. FEES. As consideration for the Services, you agree to pay the Reseller
the applicable service(s) fees. All fees payable hereunder are non-refundable
even if you elect to transfer your domain name to another registrar. As further
consideration for the Services, you agree to: (1) provide certain current, complete
and accurate information about you as required by the registration process and
(2) maintain and update this information as needed to keep it current, complete
and accurate. All such information shall be referred to as account information
("Account Information"). By submitting this Agreement, you represent that the
Account Information and all other statements put forth in your application are
true, complete and accurate. Both Tucows and the Registry reserve 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 the Registry to terminate this agreement immediately
upon such breach without any refund and without notice to you.
4. TERM. This Agreement shall remain in full force during the length
of the term of your domain name registration(s) as selected, recorded, and paid
for upon registration of the domain name. Should you choose to renew or otherwise
lengthen the term of your domain name registration, payment shall be rendered
by you in a timely fashion and the term of this Registration Agreement shall
be extended accordingly. This clause shall supersede the procedure outlined
in the Registry Terms and Conditions such that the domain name will be registered
for the finite term you selected at the time of registration or renewal. Should
the domain name be transferred to another Registrar, the terms and conditions
of this contract shall cease.
5. MODIFICATIONS TO AGREEMENT. You agree that either we or the Registry
may: (1) revise the terms and conditions of this Agreement; and (2) change the
services provided under this Agreement. You agree to be bound by any such revision
or change which shall be effective immediately upon posting on our web site
or upon notification to you by e-mail or your country's postal service pursuant
to the Notices section of this Agreement. You agree to review this Agreement
as posted on our website periodically to maintain an awareness of any and all
such revisions. You agree that, by continuing the use of Services following
any revision to this Agreement or change in service(s), you shall be bound by
any such revisions and changes. You acknowledge that if you do not agree to
any such modifications, you may request that your domain name be deleted from
the domain name database.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account
information with us, you must use your Account Identifier and Password that
you selected when you opened your account with us. You agree to safeguard your
Account Identifier and Password from any unauthorized use. In no event shall
we be liable for the unauthorized use or misuse of your Account Identifier or
Password.
7. DOMAIN NAME 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.
8. POLICY. You agree that your registration of the domain name shall
be subject to suspension, cancellation, or transfer pursuant to a Tucows, Registry
or government-adopted policy, or pursuant to any registrar or registry procedure
not inconsistent with a Tucows, Registry or government-adopted policy, (1) to
correct mistakes by us or the Registry in registering the name, or (2) for the
resolution of disputes concerning the domain name.
9. AGENCY. Should you intend to license use of a domain name to a third
party you shall nonetheless be the domain name holder of record and are therefore
responsible for providing your own full contact information and for providing
and updating accurate technical and administrative contact information adequate
to facilitate timely resolution of any problems that arise in connection with
the domain name. You shall accept liability for harm caused by wrongful use
of the domain name. You represent that you have provided notice of the terms
and conditions in this Agreement to any third party licensee and that the third
party agrees to the terms hereof.
10. 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.
11. LIMITATION OF LIABILITY. You agree that our entire liability, and
your exclusive remedy, with respect to any Services(s) provided under this Agreement
and any breach of this Agreement is solely limited to the amount you paid for
such Service(s). Neither we nor our contractors or third party beneficiaries
shall be liable for any direct, indirect, incidental, special or consequential
damages resulting from the use or inability to use any of the Services or for
the cost of procurement of substitute services. Because some jurisdictions do
not allow the exclusion or limitation of liability for consequential or incidental
damages, in such jurisdictions, our liability is limited to the extent permitted
by law. We disclaim any and all loss or liability resulting from, but not limited
to: (1) loss or liability resulting from access delays or access interruptions;
(2) loss or liability resulting from data non-delivery or data mis-delivery;
(3) loss or liability resulting from acts of God; (4) loss or liability resulting
from the unauthorized use or misuse of your Account Identifier or Password;
(5) loss or liability resulting from errors, omissions, or misstatements in
any and all information or services(s) provided under this Agreement; (6) loss
or liability resulting from the interruption of your Service. You agree that
we will not be liable for any loss of registration and use of your domain name,
or for interruption of business, or any indirect, special, incidental, or consequential
damages of any kind (including lost profits) regardless of the form of action
whether in contract, tort (including negligence), or otherwise, even if we have
been advised of the possibility of such damages.
12. INDEMNITY. You agree to release, indemnify, and hold us, our contractors,
agents, employees, officers, directors, affiliates and third party beneficiaries
harmless from all liabilities, claims and expenses, including attorney's fees,
of third parties relating to or arising under this Agreement, the Services provided
hereunder or your use of the Services, including without limitation infringement
by you, or someone else using the Service of any intellectual property or other
proprietary right of any person or entity, or from the violation of any of our
operating rules or policy relating to the Service(s) provided. When we are threatened
with suit by a third party, we may seek written assurances from you concerning
your promise to indemnify us; your failure to provide those assurances shall
be a breach of your Agreement and may result in deactivation of your domain
name. This indemnification obligation will survive the termination or expiration
of this Agreement.
13. 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 user name 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. Your domain name
will not be transferred until we receive such written assurances or other reasonable
assurance that the Transferee has been bound by the contractual terms of this
Agreement (such reasonable assurance as determined by us in our sole discretion)
along with the applicable transfer fee. If the Transferee fails to be bound
in a reasonable fashion (as determined by us in our sole discretion) to the
terms and conditions in this Agreement, any such transfer will be null and void.
14. BREACH. You agree that failure to abide by any provision of this
Agreement, any operating rule or 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.
15. NO GUARANTY. You acknowledge that registration or reservation of
your chosen domain name does not confer immunity from objection to the registration,
reservation or use of the domain name.
16. DISCLAIMER OF WARRANTIES. You agree that your use of our Services
is solely at your own risk. You agree that such Service(s) is provided on an
"as is," "as available" basis. We expressly disclaim all warranties of any kind,
whether express or implied, including but not limited to the implied warranties
of merchantability, fitness for a particular purpose and non-infringement. We
make no warranty that the Services will meet your requirements, or that the
Service(s) will be uninterrupted, timely, secure, or error free; nor do we make
any warranty as to the results that may be obtained from the use of the Service(s)
or as to the accuracy or reliability of any information obtained through the
Service or that defects in the Service will be corrected. You understand and
agree that any material and/or data downloaded or otherwise obtained through
the use of Service is done at your own discretion and risk and that you will
be solely responsible for any damage to your computer system or loss of data
that results from the download of such material and/or data. We make no warranty
regarding any goods or services purchased or obtained through the Service or
any transactions entered into through the Service. No advice or information,
whether oral or written, obtained by you from us or through the Service shall
create any warranty not expressly made herein.
17. INFORMATION. As part of the registration process, you are required
to provide us certain information and to update us promptly as such information
changes such that our records are current, complete and accurate. You are obliged
to provide us the following information:
(i) your name and postal address (or, if different, that of the domain name
holder);
(ii) the domain name being registered;
(iii) the name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the administrative contact for the domain name; and
(iv) the name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the billing contact for the domain name.
Any other information, which we request from you at registration, is voluntary.
Any voluntary information we request is collected for improving the products
and services offered to you through your Reseller.
18. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge
that we will make domain name registration information you provide available
to the Registry administrators, and to other third parties as applicable. You
further agree and acknowledge that we may make publicly available, or directly
available to third party vendors, some, or all, of the domain name registration
information you provide, for purposes of inspection (such as through our WHOIS
service) or other purposes as required or permitted by 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 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.
19. 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 "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 the ICANN
Agreement or a Registry policy.
20. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to
refuse to register or reserve your chosen domain name or register you for other
Services. In the event we do not register or reserve your domain name or register
you for other Services, or we delete your domain name or other Services within
such thirty (30) calendar day period, we agree to refund your applicable fee(s).
You agree that we shall not be liable to you for loss or damages that may result
from our refusal to register, reserve, or delete your domain name or register
you for other Services.
We reserve the right to delete or transfer your domain name within a thirty
(30) day period following registration if we believe the registration has been
made possible by a mistake, made either by us or by a third party.
21. 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.
22. NON-AGENCY. Nothing contained in this Agreement shall be construed
as creating any agency, partnership, or other form of joint enterprise between
the parties.
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
postal service. 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. In the case of e-mail, notifications must be sent to us at
lhutz@tucows.com, or in the case of notification
to you, to the e-mail address provided by you in your WHOIS record. Any e-mail
communication shall be deemed to have been validly and effectively given on
the date of such communication, if such date is a business day and such delivery
was made prior to 4:00 p.m. E.S.T., 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 and, in the case of notification to us or to
Reseller shall be sent to:
Our address:
Tucows.com Inc.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K3M1
and in the case of notification to you shall be to the address specified in
the "Administrative Contact" in your WHOIS record.
25. ENTIRETY. You agree that this Agreement, the rules and policies published
by us are the complete and exclusive agreement between you and us regarding
our Services. This Agreement supersedes all prior agreements and understandings,
whether established by custom, practice, policy or precedent.
26. 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.
27. INFANCY. You attest that you are of legal age to enter into this
Agreement.
28. FORCE MAJEURE. You acknowledge and agree that neither we nor the
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.
29. FOREIGN LANGUAGE: Controlling Language. In the event that you are
reading this agreement in a language other than the English language, you acknowledge
and agree that the English language version hereof shall prevail in case of
inconsistency or contradiction in interpretation or translation.
30. 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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