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UPDATED NOVEMBER 13, 2009
EXHIBIT A
DOMAIN REGISTRATION AGREEMENT
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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 EQQY.COM, EQQY CREATIVE, EQQY HOSTING, and its parent
company XKUBE ENTERPRISES INC., 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 thirty-five (35) 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. If the name is sold during
any such auction, it will be acquired by a third party on
a provisional basis and will remain available for re-registration
by you during our stated grace period. If you do not re-register
the domain name during the grace period, the auction sale
will be concluded.
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.
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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.
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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.
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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.
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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.
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OBLIGATION TO MAINTAIN WHOIS.Your
willful provision of inaccurate or unreliable information,
your willful 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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INFANCY. You attest
that you are of legal age to enter into this Agreement.
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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.
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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
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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.
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TLD'S.The following
additional provisions apply to any domain names that you
register through Tucows with the various registries:
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.com/net Domains:
In the case of a ".com" or ".net" registration,
the following terms and conditions will apply:
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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;
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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.
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.org Domains: In the
case of a ".org" registration, the following terms
and conditions will apply:
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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;
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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.
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.info Domains: In the
case of a ".info" registration, the following
terms and conditions will apply:
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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;
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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;
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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;
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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.
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.biz Domains. In the
case of a ".biz" registration, the following
terms and conditions will apply:
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.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.
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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.
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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.
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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").
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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.
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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.
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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.
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.name Domains. In
the case of a ".name" registration, the following
terms and conditions will apply:
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.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.
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.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.
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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.
-
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.
-
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.
-
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.
-
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
-
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.
-
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.
-
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.
-
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.
-
.at Domains. In the
case of a ".at" registration, the following terms
and conditions will apply:
-
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.
-
.be Domains. In the
case of a ".be" registration, the following terms
and conditions will apply:
-
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.
-
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.
-
.ca Domains. In the
case of a ".ca" registration, the following terms
and conditions will apply:
-
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.
-
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.
-
Transfer of Ownership. Any transfer of ownership in
and to a domain name registration shall be affected in
accordance with registry policies and procedures.
-
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.
-
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;
-
.cc Domains. In the
case of a ".cc" registration, the following terms
and conditions will apply:
-
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.
-
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.
-
.ch Domains. In the
case of a ".ch" registration, the following terms
and conditions shall apply:
-
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.
-
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.
-
.cn Domains. In the
case of a ".cn" registration, the following terms
and conditions shall apply:
-
"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;
-
"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;
-
"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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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 law 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.
-
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.
-
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.
-
.de Domains. In the
case of a ".de" registration, the following terms
and conditions will apply:
-
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.
-
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.
-
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
-
.eu domains. In the
case of a ".eu" registration, the following terms
and conditions will apply:
-
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.
-
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.
-
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.
-
.fr Domains. In the
case of a ".fr" registration, the following terms
and conditions will apply:
-
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.
-
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.
-
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.
-
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.
-
.it Domains. In the
case of a "it" registration, the following terms
and conditions shall apply:
-
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.
-
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.
-
.nl Domains. In the
case of a ".nl" registration, the following terms
and conditions shall apply:
-
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.
-
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: http://www.sidn.nl/ace.php/c,728,17,,,,Rules.html.
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 http://www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations_for_arbitration_on_.nl_domain_names/index.html.
You agree that in the event a domain name dispute arises
with any third party, you will indemnify and hold us harmless
pursuant to the terms and conditions specified by the Registry
or any court of law.
-
.tv Domains. In the
case of a ".tv" registration, the following terms
and conditions will apply:
-
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.
-
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.
-
.uk Domains. In the
case of a .uk registration, the following terms and conditions
will apply:
-
"Nominet UK" means the entity granted the exclusive
right to administer the registry for .uk domain name registrations.
-
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.
-
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.
-
.us Domains. In the
case of a ".us" registration, the following terms
and conditions will apply:
-
"DOC" means the United States of America Department
of Commerce.
-
".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.
-
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.
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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.
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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.
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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.
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Indemnity. The DOC shall be added to the parties you
have agreed to indemnify in Section 13 hereinabove.
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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;
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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.
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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.
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.asia Domains. In
the case of a .asia registration, the following terms apply:
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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.li Domains. In the
case of a .li registration, the following terms and conditions
shall apply:
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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.
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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.
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.me Domains. In the
case of a .me registration, the following terms and conditions
shall apply:
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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.
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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.
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.tel Domains. In the
case of a .tel registration, the following terms and conditions
shall apply:
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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.
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.mobi Domains. In
the case of a .mobi registration, the following terms and
conditions shall apply:
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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.
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.in Domains. In the
case of a ".in" registration, the following terms
and conditions shall apply:
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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.
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.bz Domains. In the
case of a ".bz" registration, the following terms
and conditions shall apply:
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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.
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.ws Domains. In the
case of a ".ws" registration, the following terms
and conditions shall apply:
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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.
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WHOIS PRIVACY SERVICE. The
following terms and conditions will apply if you subscribe
to the Whois Privacy Service:
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Subscribers to the Whois Privacy Service have elected
to include the following information in the publicly available
Whois Registry:
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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.
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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.
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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.
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We will send all obligatory renewal and transfer related
messages to the Contacts you have designated.
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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.
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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.
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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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