A. Acceptable Use Policy. An
acceptable use policy is part of these terms and conditions of hosting any
information associated with the domain name. This is necessary because
of the proliferation of abusive electronic mail and practices generated by a
minority of the Internet users can interrupt services. The acceptable use policy is posted
on our web site.
B. Compliance with Laws. Customer
agrees to abide by, and comply with, all Federal, State and local laws. Cocoa
Village Publishing, Inc. is not responsible for the content of the Customer’s
information, and reserves the right to terminate this contract if the
Customer’s actions or information content is questioned by Federal, State or
local laws.
C. Mail Abuse Protection. Cocoa
Village Publishing, Inc. reserves the right to use mail abuse protection
system to
protect our customers.
D. Severability. You agree that
the terms of this Agreement are severable. If any term or provision is
declared invalid or unenforceable, that term or provision will be construed
consistent with applicable law as nearly as possible to reflect the original
intentions of the parties, and the remaining terms and provisions will remain
in full force and effect.
E. Entire Agreement. This contract
represents the entire agreement between the two parties concerning the express
subject matter hereof. No addition, alteration or moderation hereto and no
waiver of any provision hereof shall be valid unless made in writing and
executed by both parties. The headings of the paragraphs herein are for
convenience only and shall not be used to limit or construe the content
thereof. All of the terms, covenants, warranties and representations contained
herein shall be binding upon both parties, their heirs and successors.
F. Registration Agreement
Note that registrars may provide registration agreements that the customer
is responsible to understand and agree when participating in domain
registration with the registrar. The following agreement information applies
to the reseller service by Cocoa Village Publishing on behalf of the registrar known as
TUCOWS.
Hereafter Cocoa Village Publishing
may be referred to as "RSP"
which stands for Registration Service Provider
Form of Registration Agreement
1. AGREEMENT. In this Registration Agreement ("Agreement")
"you" and "your" refer to the registrant of each domain
name registration, "we", “us" and "our" refer to
TUCOWS Inc. and “Services” refers to the domain name registration provided
by us as offered through (“RSP”). This Agreement explains our obligations
to you, and explains your obligations to us for the Services.
2. SELECTION OF A DOMAIN NAME. You represent that, to the best of
the your knowledge and belief, neither this registration of a domain name nor
the manner in which it is directly or indirectly to be used infringes upon the
legal rights of a third party and, further, that the domain name is not being
registered for nor shall it at any time whatsoever be used for any unlawful
purpose whatsoever.
3. FEES. As consideration for the Services , you agree to pay the
RSP the applicable service(s) fees. All fees payable hereunder are
non-refundable. As further consideration for the Services, you agree to: (1)
provide certain current, complete and accurate information about you as
required by the registration process and (2) maintain and update this
information as needed to keep it current, complete and accurate. All such
information shall be referred to as account information ("Account
Information"). By submitting this Agreement, you represent that the
Account Information and all other statements put forth in your application are
true, complete and accurate. Both Tucows and the Registry reserve the right to
terminate your domain name registration if: (i) information provided by you or
your agent is false, inaccurate, incomplete, unreliable, misleading or
otherwise secretive; or (ii) you have failed to maintain, update and keep your
Account Information true, current, complete, accurate and reliable. You
acknowledge that a violation of this Section 3 will constitute a material
breach of this agreement which will entitle either us or the Registry to
terminate this agreement immediately without any refund and without notice to
you.
4. TERM. This Agreement shall remain in full force during the length
of the term of your domain name registration(s) as selected, recorded, and
paid for upon registration of the domain name. Should you choose to renew or
otherwise lengthen the term of your domain name registration, then the term of
this Registration Agreement shall be extended accordingly. Should the domain
name be transferred to another Registrar, the terms and conditions of this
contract shall cease.
5. MODIFICATIONS TO AGREEMENT. You agree that either we or the
Registry may: (1) revise the terms and conditions of this Agreement; and (2)
change the services provided under this Agreement. You agree to be bound by
any such revision or change will which shall be effective immediately upon
posting on our web site or upon notification to you by e-mail or your country’s
postal service pursuant to the Notices section of this Agreement. You agree to
review this Agreement as posted on our web site periodically to maintain an
awareness of any and all such revisions. If you do not agree with any revision
to the Agreement, you may terminate this Agreement at any time by providing us
with notice by e-mail or postal service pursuant to the Notices section of
this Agreement. Notice of your termination shall be effective after processing
by us. You agree that, by continuing the use of Services following notice of
any revision to this Agreement or change in service(s), you shall be bound by
any such revisions and changes. You further agree to be bound by the Registry
dispute policy (“Dispute Policy”) as presently written and posted on
http://www.enic.cc/policies/dispute.html and as shall be amended from time to
time. You acknowledge that if you do not agree to any such modifications, you
may request that your domain name be deleted from the domain name database.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your
account information with us, you must use your Account Identifier and Password
that you selected when you opened your account with us. You agree to safeguard
your Account Identifier and Password from any unauthorized use. In no event
shall we be liable for the unauthorized use or misuse of your Account
Identifier or Password.
7. DOMAIN NAME 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.enic.cc/policies/dispute.html.
Please take the time to familiarize yourself with this policy.
8. 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. You agree that in
the event a domain name dispute arises with any third party, you will
indemnify and hold us harmless pursuant to the terms and conditions contained
in the Dispute Policy. You acknowledge that neither we nor the Registry screen
or otherwise review your domain name application to verify that you have the
legal right to use a particular word or term. You are strongly encouraged to
perform a trademark search with respect to the words and/or phrases comprising
your domain name prior to applying for registration of the domain. You agree
that you will be solely liable in the event that your use of a domain
constitutes an infringement or other violation of a third party’s rights.
9. POLICY. You agree that your registration of the domain name shall
be subject to suspension, cancellation, or transfer pursuant to a Tucows,
Registry, regulatory or government-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent with a Tucows, Registry,
regulatory or government-adopted policy, (1) to correct mistakes by us or the
Registry in registering the name, or (2) for the resolution of disputes
concerning the domain name. 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.enic.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.
10. AGENCY. Should you intend to license use of a domain name to a
third party you shall nonetheless be the domain name holder of record and are
therefore responsible for providing your own full contact information and for
providing and updating accurate technical and administrative contact
information adequate to facilitate timely resolution of any problems that
arise in connection with the domain name. You shall accept liability for harm
caused by wrongful use of the domain name. You represent that you have
provided notice of the terms and conditions in this Agreement to any third
party licensee and that the third party agrees to the terms hereof.
11. 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.
12. LIMITATION OF LIABILITY. You agree that our entire liability,
and your exclusive remedy, with respect to any Services(s) provided under this
Agreement and any breach of this Agreement is solely limited to the amount you
paid for such Service(s). Neither we nor our contractors or third party
beneficiaries, including but not limited to Verisign, Inc. and eNic
Corporation, shall be liable for any direct, indirect, incidental, special or
consequential damages resulting from the use or inability to use any of the
Services or for the cost of procurement of substitute services. Because some
jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, in such jurisdictions, our liability is
limited to the extent permitted by law. We disclaim any and all loss or
liability resulting from, but not limited to: (1) loss or liability resulting
from access delays or access interruptions; (2) loss or liability resulting
from data non-delivery or data mis-delivery; (3) loss or liability resulting
from acts of God; (4) loss or liability resulting from the unauthorized use or
misuse of your account identifier or password; (5) loss or liability resulting
from errors, omissions, or misstatements in any and all information or
services(s) provided under this Agreement; (6) loss or liability resulting
from the interruption of your Service. You agree that we will not be liable
for any loss of registration and use of your domain name, or for interruption
of business, or any indirect, special, incidental, or consequential damages of
any kind (including lost profits) regardless of the form of action whether in
contract, tort (including negligence), or otherwise, even if we have been
advised of the possibility of such damages.
13. INDEMNITY. You agree to release, indemnify, and hold us, our
contractors, agents, employees, officers, directors, affiliates and third
party beneficiaries, including but not limited to Verisign, Inc. and eNic
Corporation, harmless from all liabilities, claims and expenses, including
attorney's fees, of third parties relating to or arising under this Agreement,
the Services provided hereunder or your use of the Services, including without
limitation infringement by you, or someone else using the Service of any
intellectual property or other proprietary right of any person or entity, or
from the violation of any of our operating rules or policy relating to the
Service(s) provided. You also agree to release, indemnify and hold us harmless
pursuant to the terms and conditions contained in the Dispute Policy. When we
are threatened with suit by a third party, we may seek written assurances from
you concerning your promise to indemnify us; your failure to provide those
assurances shall be a breach of your Agreement and may result in deactivation
of your domain name.
14. SCOPE OF REGISTRATION. You will be entitled to exclusive use of
the domain name during the term of the registration. Notwithstanding the
foregoing, you shall not use, display, exploit or register a domain name which
action may constitute illegal activity or be in contravention or violation of
a Tucows or Registry policy. You acknowledge that a breach of this clause will
constitute a material breach of this agreement which will entitle either
Tucows or the Registry to terminate this agreement immediately upon such
breach without any refund. In addition, both we and/or the Registry may, in
our sole discretion, refuse registration of your desired domain name within
thirty (30) calendar days from receipt of payment. Neither Tucows nor the
Registry shall be liable for any loss, damage or other injury whatsoever
resulting from any refusal to register your desired domain name.
15. TRANSFER OF OWNERSHIP. The person named as registrant at the
time the user name and password are secured shall be the owner of the domain
name. You agree that prior to transferring ownership of your domain name to
another person (the Transferee") you shall require the Transferee to
agree in writing to be bound by all the terms and conditions of this
Agreement. Your domain name will not be transferred until we receive such
written assurances or other reasonable assurance that the Transferee has been
bound by the contractual terms of this Agreement (such reasonable assurance as
determined by us in our sole discretion) along with the applicable transfer
fee. If the Transferee fails to be bound in a reasonable fashion (as determine
by us in our sole discretion) to the terms and conditions in this Agreement,
any such transfer will be null and void.
16. BREACH. You agree that failure to abide by any provision of this
Agreement, any operating rule or policy or the Dispute Policy, may be
considered by us to be a material breach and that we may provide a written
notice, describing the breach, to you. If within fifteen (15) 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.
17. NO GUARANTY. You acknowledge that registration or reservation of
your chosen domain name does not confer immunity from objection to either the
registration, reservation, or use of the domain name.
18. DISCLAIMER OF WARRANTIES. You agree that your use of our
Services is solely at your own risk. You agree that such Service(s) is
provided on an "as is," "as available" basis. We expressly
disclaim all warranties of any kind, whether express or implied, including but
not limited to the implied warranties of merchantability, fitness for a
particular purpose and non-infringement. We make no warranty that the Services
will meet your requirements, or that the Service(s) will be uninterrupted,
timely, secure, or error free; nor do we make any warranty as to the results
that may be obtained from the use of the Service(s) or as to the accuracy or
reliability of any information obtained through the Service or that defects in
the Service will be corrected. You understand and agree that any material
and/or data downloaded or otherwise obtained through the use of Service is
done at your own discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that results from the
download of such material and/or data. We make no warranty regarding any goods
or services purchased or obtained through the Service or any transactions
entered into through the Service. No advice or information, whether oral or
written, obtained by you from us or through the Service shall create any
warranty not expressly made herein.
19. INFORMATION. As part of the registration process, you are
required to provide us certain information and to update us promptly as such
information changes such that our records are current, complete and accurate.
You are obliged to provide us the following information:
(i) Your name and postal address (or, if different, that of the domain name
holder);
(ii) The domain name being registered;
(iii) The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the administrative contact for the domain
name;
(iv) The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the billing contact for the domain name.
Any other information, which we request from you at registration, is
voluntary. Any voluntary information we request is collected for the purpose
of improving the products and services offered to you through your RSP.
20. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and
acknowledge that either we and/or the Registry may make directly available to
third parties or publicly available, some or all, of the Account Information
for inspection through our WHOIS service and for any other purposes as may be
required or permitted by applicable laws or policies. You hereby irrevocably
waive and release Tucows and/or the Registry from any and all claims and
causes of action you may have arising from any disclosure, use, or
unauthorized access of your Account Information.
21. REVOCATION. Your wilful provision of inaccurate or unreliable
information, your wilful failure promptly to update information provided to
us, or your failure to respond for over fifteen (15) calendar days to
inquiries by us concerning the accuracy of contact details associated with the
your registration shall constitute a material breach of this Agreement and be
a basis for cancellation of the domain name registration.
22. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right
to refuse to register or reserve your chosen domain name or register you for
other Services. In the event we do not register or reserve your domain name or
register you for other Services, or we delete your domain name or other
Services within such thirty (30) calendar day period, we agree to refund your
applicable fee(s). You agree that we shall not be liable to you for loss or
damages that may result from our refusal to register, reserve, or delete your
domain name or register you for other Services.
We reserve the right to delete or transfer your domain name within a thirty
(30) day period following registration if we believe the registration has been
made possible by a mistake, made either by us or by a third party.
23. SEVERABILITY. You agree that the terms of this Agreement are
severable. If any term or provision is declared invalid or unenforceable, that
term or provision will be construed consistent with applicable law as nearly
as possible to reflect the original intentions of the parties, and the
remaining terms and provisions will remain in full force and effect.
24. NON-AGENCY. Nothing contained in this Agreement or the Dispute
Policy shall be construed as creating any agency, partnership, or other form
of joint enterprise between the parties.
25. NON-WAIVER. Our failure to require performance by you of any
provision hereof shall not affect the full right to require such performance
at any time thereafter; nor shall the waiver by us of a breach of any
provision hereof be taken or held to be a waiver of the provision itself.
26. NOTICES. Any notice, direction or other communication given
under this Agreement shall be in writing and given by sending it via e-mail or
via postal service. In the case of e-mail, valid notice shall only have been
deemed to have been given when an electronic confirmation of delivery has been
obtained by the sender. In the case of e-mail, notifications must be sent to
us at lhutz@tucows.com, or in the case of notification to you, to the e-mail
address provided by you in your WHOIS record. Any e-mail communication shall
be deemed to have been validly and effectively given on the date of such
communication, if such date is a business day and such delivery was made prior
to 4:00 p.m. E.S.T., otherwise it will be deemed to have been delivered on the
next business day. In the case of regular mail notice, valid notice shall be
deemed to have been validly and effectively given five (5) business days after
the date of mailing and, in the case of notification to us or to RSP shall be
sent to:
OUR ADDRESS:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
Attention: Legal Affairs
and in the case of notification to you shall be to the address specified in
the “Administrative Contact” in your WHOIS record.
27. ENTIRETY. You agree that this Agreement, the rules and policies
published by us and the Dispute Policy are the complete and exclusive
agreement between you and us regarding our Services. This Agreement and the
Dispute Policy supersede all prior agreements and understandings, whether
established by custom, practice, policy or precedent.
28. GOVERNING LAW. This Agreement shall be governed by and
interpreted and enforced in accordance with the LAWS OF Province of ontario
and the FEDERAL LAWS OF canada applicable therein without reference to rules
governing choice of laws. Any action relating to this Agreement must be
brought in ontario and you irrevocably consent to the jurisdiction of such
courts.
29. INFANCY. You attest that you are of legal age to enter into this
Agreement.
30. FORCE MAJEURE. You acknowledge and agree that neither we nor the
Registry shall be responsible for any failure or delay 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.
31. FOREIGN LANGUAGE; Controlling Language. In the event that you
are reading this agreement in a language other than the English language, you
acknowledge and agree that the English language version hereof shall prevail
in case of inconsistency or contradiction in interpretation or translation.
32. 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.
The information on this page applies to the
registration of the top level domain .CC