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 Lawyers Online Ltd, the
Registration Service Provider ("Reseller"). Any reference to a
"registry," "Registry" or "Registry Operator" shall refer to the
registry administrator of the applicable TLD or ccTLD. 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.
SELECTION OF A DOMAIN NAME. You acknowledge and agree that we
cannot guarantee that you will obtain a desired domain name
registration, even if an inquiry indicates that a domain name is
available at the time of your application for same. You represent that,
to the best of the your knowledge and belief, neither the registration
of the domain name nor the manner in which it is directly or indirectly
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.
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:
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provide certain current, complete and
accurate information about you as required by the registration process,
and
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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:
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(i) information provided by you or your agent is false, inaccurate,
incomplete, unreliable, misleading or otherwise secretive; or
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(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
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.
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. 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.
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.
NO GUARANTY. You acknowledge that registration or reservation
of your chosen domain name does not confer immunity from objection to
the registration, reservation or use of the domain name.
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
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Tucows is directed to do so by the judicial or administrative
body, or
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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.
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.
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.
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.
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.
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.
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.
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.
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. 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. 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 advising them that the
site is no longer in service. If we have elected to renew the
registration, you will be entitled to a grace period during which you
may purchase the domain name from us. Additional costs may apply.
DISCLAIMER OF WARRANTIES. You agree that your use of our
Services is solely at your own risk. You agree that such Service(s) is
provided on an "as is," "as available" basis. We expressly disclaim all
warranties of any kind, whether express or implied, including but not
limited to the implied warranties of merchantability, fitness for a
particular purpose and non-infringement. We make no warranty that the
Services will meet your requirements, or that the Service(s) will be
uninterrupted, timely, secure, or error free; nor do we make any
warranty as to the results that may be obtained from the use of the
Service(s) or as to the accuracy or reliability of any information
obtained through the Service or that defects in the Service will be
corrected. You understand and agree that any material and/or data
downloaded or otherwise obtained through the use of Service is done at
your own discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that results
from the download of such material and/or data. We make no warranty
regarding any goods or services purchased or obtained through the
Service or any transactions entered into through the Service. No advice
or information, whether oral or written, obtained by you from us or
through the Service shall create any warranty not expressly made
herein.
INFORMATION. As part of the registration process, you are
required to provide us certain information and to update us promptly as
such information changes such that our records are current, complete
and accurate. You are obliged to provide us the following information:
- your name and postal address (or, if different, that of the domain name holder);
- the domain name being registered;
- the name, postal address, e-mail address, and voice and fax (if available) telephone
numbers of the administrative contact for the domain name;
- the name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the billing contact for the domain
name; and
- 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.
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.
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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.
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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.
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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.
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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.
OBLIGATION TO MAINTAIN WHOIS. Your wilful provision of
inaccurate or unreliable information, your wilful failure promptly to
update information provided to us, or any failure to respond to
inquiries by us addressed to the email address of the registrant, the
administrative, billing or technical contact appearing in the Whois
directory with respect to a domain name concerning the accuracy of
contact details associated with the registration shall constitute a
material breach of this Agreement and be a basis for cancellation of
the domain name registration. Any information collected by us
concerning an identified or identifiable natural person ("Personal
Data") will be used in connection with the registration of your domain
name(s) and for the purposes of this Agreement and as required or
permitted by ICANN or an applicable registry policy.
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.
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.
NON-WAIVER. Our failure to require performance by you of any
provision hereof shall not affect the full right to require such
performance at any time thereafter; nor shall the waiver by us of a
breach of any provision hereof be taken or held to be a waiver of the
provision itself.
NOTICES. Any notice, direction or other communication given
under this Agreement shall be in writing and given by sending it via
e-mail or via regular mail. In the case of e-mail, valid notice shall
only have been deemed to 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.
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 authorities are the complete and
exclusive agreement between you and us regarding our Services.
GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND
INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF
ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT
REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO
THIS AGREEMENT MUST BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT
TO THE JURISDICTION OF SUCH COURTS.
INFANCY. You attest that you are of legal age to enter into this Agreement.
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.
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
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.
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:
- to exchange goods, services, or property of any kind;
- in the ordinary course of business; or
- 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:
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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;
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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;
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that the domain name is not being registered for nor shall it at
any time whatsoever be used for any unlawful purpose whatsoever;
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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;
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you have the authority to enter into this Registration Agreement; and
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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:
- your full name;
- your postal address;
- your e-mail address;
- your voice telephone number;
- your fax number (if applicable);
- the name of an authorized person for contact purposes in
the case of a registrant that is an organization, association, or
corporation;
- the IP addresses of the primary nameserver and any secondary nameserver
for the domain name;
- the corresponding names of the primary and secondary nameservers;
- 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
- any remark concerning the domain name that should appear in the Whois directory.
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:
- The Uniform Domain Name Dispute Resolution Policy ("Dispute Policy), available at:
http://www.icann.org/dndr/udrp/policy.htm;
- 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:
- the registered domain name or second level domain ("SLD")
e-mail address is your Personal Name.
- 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,
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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;
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that the domain name is not being registered for nor shall it at
any time whatsoever be used for any unlawful purpose whatsoever;
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the registration satisfies the Eligibility Requirements found at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm; and
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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:
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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;
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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;
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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
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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.
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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.
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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.
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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.
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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
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.
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the Eligibility Requirements (the "Eligibility Requirements"), available at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
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the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), available at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm; and
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the Uniform Domain Name Dispute Resolution Policy (the "UDRP"), available at:
http://www.icann.org/dndr/udrp/policy.htm.
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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.
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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.
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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.
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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.
ccTLD's.
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.cc Domains. In the case of a ".cc" registration, the following terms and conditions will apply:
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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
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.cc/policies/dispute.html.
Please take the time to familiarize yourself with this policy.
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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.cc.
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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.eu Domains. In the case of a ".eu" registration, the following terms and conditions will apply:
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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:
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an undertaking having its registered office, central administration
or principal place of business within the European Community;
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an organization established within the European Community without
prejudice to the application of national law, or
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a natural person resident within the European Community.
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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.
Registration policies of the Registry and the terms and conditions
applicable to your .eu registration may be found at:
http://www.eurid.eu/en/documents/registration_policy_v._1_0.pdf and
http://www.eurid.eu/en/documents/terms_and_conditions_v1_0_.pdf
respectively. 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 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.
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Sunrise and General Pre-registration Applications. You
acknowledge that the submission of a "Sunrise" or a "General
Pre-registration Application" does not ensure the registration of the
domain name. In the event that your application does not result in a
domain name registration, a portion of the registration fee shall be
refunded after the deduction of a handling fee, which fee shall be
subject to change based on fluctuations in the exchange rates of the US
dollar and Euro. You agree that your sunrise application shall be
subject to the pre-registration policies found at
http://www.eurid.eu/en/launch/index_html.
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.tv Domains. In the case of a ".tv" registration, the following terms and conditions will apply:
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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 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.
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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.tv/en-def-5066945b5fcc/en/policies/tos.shtml
and expressly agree to the terms outlined therein.
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.uk Domains. In the case of a ".uk" registration, the following terms and conditions will apply:
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Lawyers Online Ltd is itself a Nominet UK Tagholder,
and thus does not use the services provided by Tucows for the
purpose of registering Domains within the .uk TLD.
The Terms And Conditions for the registration of .uk domains with
Lawyers Online can be found at
http://www.lawyersonline.co.uk/?page=domains/nominet-tandc.php
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.us Domains. Lawyers Online is not offering .us registration at this time.
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:
- Contactprivacy.com shall appear as the Registrant and Contacts name(s);
- Tucows' postal address and a Tucows assigned email address
and telephone number shall appear on behalf of the Registrant and the
Contact(s);
- The primary and secondary nameservers shall be those designated by the Registrant;
- The original date of registration and the expiration of each domain name;
- Tucows will be identified as the registrar of record.
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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:
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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.
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Email correspondence will be forwarded according to the instructions
of the Registrant as they appear in our records.
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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.
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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:
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when required by law;
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in the good faith belief that disclosure is necessary to further
determination of an alleged breach of a law;
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to comply with a legal process served upon Tucows;
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to resolve any and all third party claims including but not
limited to ICANN's or a Registry's dispute resolution policy;
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to avoid financial loss or legal liability;
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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
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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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