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SCHEDULE A (.us)
Form of Registration Agreement
1. AGREEMENT. In this Registration Agreement ("Agreement") "Registrant",
"you" and "your" refer to the registrant of each domain name registration, "we",
"us" and "our" refer to TUCOWS Inc., "Registry Operator" refers to NeuStar Inc.,
"DOC" refers to the United States of America Department of Commerce, and "Services"
refers to the domain name registration provided by us as offered through wundersolutions.com
("RSP"). This Agreement explains our obligations to you, and explains your obligations
to us for various Services.
2. .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
3. SELECTION OF A DOMAIN NAME. You certify and represent that:
- 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 2 hereinabove.
- The listed name servers are located within the United States;
- 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;
- 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;
- That the domain name is not being registered for nor shall it at any time
whatsoever be used for any unlawful purpose whatsoever;
- You have the authority to enter into this Registration Agreement.
4. FEES. As consideration for the Services you have selected, you agree
to pay the RSP the applicable service(s) fees. All fees payable hereunder are
non-refundable. As further consideration for the Services, you agree to: (1)
provide certain current, complete and accurate information about you as required
by the registration process and (2) maintain and update this information as
needed to keep it current, complete and accurate. All such information shall
be referred to as account information ("Account Information"). By submitting
this Agreement, you represent that the statements in your Application are true,
complete and accurate.
5. 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, then the term of this Registration
Agreement shall be extended accordingly. Should the domain name be transferred
to another Registrar, the terms and conditions of this contract shall cease.
6. MODIFICATIONS TO AGREEMENT. You agree that we 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 web site
periodically to maintain an awareness of any and all 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 postal service pursuant
to the Notices section of this Agreement. Notice of your termination shall be
effective after processing by us. You agree that, by continuing the use of Services
following notice of 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. We will not refund any fees paid
by you if you terminate your agreement with us.
7. MODIFICATIONS TO YOUR ACCOUNT. You shall maintain your own records
appropriate to document and prove the initial registration date of the domain
name. 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.
8. 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.
9. 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:
- The Nexus Dispute Policy ("Dispute Policy), available at
http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf. The
Dispute Policy will provide interested parties with an opportunity to challenge
a registration not complying with the Nexus Requirements.
- The usTLD Dispute Resolution Policy ("usDRP"). The usDRP is intended
to provide interested parties with an opportunity to challenge a registration
based on alleged trademark infringement. In addition to the foregoing, you
agree that, for the adjudication of disputes concerning or arising from use
of the Registered Name, you shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts (i) of your domicile,
- where Tucows is located, and
- the United States.
10. 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.
11. 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 a third party licensee and that the third
party agrees to the terms hereof. You acknowledge and agree that the domain
name has not been registered solely for the purposes of selling, trading or
leasing for compensation and will be used for a business or commercial purpose.
12. 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.
13. 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 miss-delivery;
(3) loss or liability resulting from acts of God; (4) loss or liability resulting
from the unauthorized use or misuse of your account identifier or password;
(5) loss or liability resulting from errors, omissions, or misstatements in
any and all information or services(s) provided under this Agreement; (6) loss
or liability resulting from the interruption of your Service. You agree that
we will not be liable for any loss of registration and use of your domain name,
or for interruption of business, or any indirect, special, incidental, or consequential
damages of any kind (including lost profits) regardless of the form of action
whether in contract, tort (including negligence), or otherwise, even if we have
been advised of the possibility of such damages. In no event shall our maximum
liability exceed five hundred ($500.00) dollars.
14. INDEMNITY. You agree to release, indemnify, and hold us, the Registry
Operator, the DOC, our respective 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. You also agree to release, indemnify
and hold us harmless pursuant to the terms and conditions contained in the Dispute
Policy. When we are threatened with suit by a third party, we may seek written
assurances from you concerning your promise to indemnify us; your failure to
provide those assurances 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.
15. 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
to be 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 may not be transferred until we receive such written assurances
or other reasonable assurance that the Transferee has been bound by the contractual
terms of this Agreement (such reasonable assurance as determined by us in our
sole discretion) along with the applicable transfer fee. If the Transferee fails
to be bound in a reasonable fashion (as determine by us in our sole discretion)
to the terms and conditions in this Agreement, any such transfer will be null
and void. You acknowledge that you will not be entitled to change registrars
during the first sixty (60) days following the registration of your domain name.
16. BREACH. You agree that failure to abide by any provision of this
Agreement including but not limited to any failure to abide by the Nexus Requirements,
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 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. NO GUARANTY. You acknowledge that registration or reservation of
your chosen domain name does not confer immunity from objection to either the
registration, reservation, or use of the domain name.
18. 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. If you license use of the
domain name, you nonetheless agree that you shall accept any and all liability
for any harm caused by said licensed use and suffered by Tucows, the Registry
Operator and/or the DOC. 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.
19. 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 full name, postal address, e-mail address and telephone
number and fax number (if available) (or, if different, that of the domain
name holder);
- The domain name being registered;
- 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;
- The IP addresses and names of the primary nameserver and any
secondary nameserver(s) for the domain name;
- 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 RSP.
20. DISCLOSURE AND USE OF 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 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.
21. 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 DOC
or Registry Operator policy.
22. RIGHT OF REFUSAL. We, and/or Registry Operator, 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 following registration if we believe
the registration has been made possible by a mistake, made either by us or by
a third party. We also reserve the right to suspend a domain name during resolution
of a dispute.
23. 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. 24. NON-AGENCY. Nothing
contained in this Agreement or the Dispute Policies shall be construed as creating
any agency, partnership, or other form of joint enterprise between the parties.
25. 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.
26. 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. 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 RSP 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
27. ENTIRETY. You agree that this Agreement, the rules and policies published
by Tucows, the DOC and/or the Registry Operator 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.
28. 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.
29. INFANCY. You attest that you are of legal age to enter into this
Agreement.
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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