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 .tv domain name registration
provided by us as offered through Cocoa Village Publishing (“RSP”). This Agreement
explains our obligations to you, and explains your obligations to us for
various 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 have selected, you agree to
pay RSP the applicable service(s) fees. All fees payable hereunder are
non-refundable. As further consideration for the Services, you agree to: (1)
provide certain current, complete and accurate information about you as
required by the registration process and (2) maintain and update this
information as needed to keep it current, complete and accurate. All such
information shall be referred to as account information ("Account
Information"). By submitting this Agreement, you represent that the
statements in your Application are true, complete and accurate. Failure to
maintain accurate information will be considered a material breach of this
Agreement and will entitle us to delete your domain name registration.
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 we may: (1) revise the terms
and conditions of this Agreement; and (2) change the services provided under
this Agreement. You agree to be bound by any such revision or change 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 ICANN Uniform Dispute
Resolution Policy (“Dispute Policy”) as presently written and posted on
http://www.opensrs.org/legal/udrp.shtml 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.opensrs.org/legal/udrp.shtml. 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.
9. 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.
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 a 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 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. In no event shall our maximum
liability exceed five hundred ($500.00) dollars.
13. INDEMNITY. You agree to release, indemnify, and hold us, our
contractors, agents, employees,officers, directors, affiliates and third party
beneficiaires 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. TRANSFER OF OWNERSHIP. The person named as administrative contact 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). 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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, 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. You hereby consent to any and all such
disclosures and use of information provided by you in connection with the
registration of a domain name (including any updates to such information),
whether during or after the term of your registration of the domain name. You
hereby irrevocably waive any and all claims and causes of action you may have
arising from such disclosure or use of your domain name registration
information by us. You may access your domain name registration information in
our possession to review, modify or update such information, by accessing our
domain manager service, or similar service, made available by us through your
RSP. We will not process data about any identified or identifiable natural
person that we obtain from you in a way incompatible with the purposes and
other limitations which we describe in this Agreement. We will take reasonable
precautions to protect the information we obtain from you from our loss,
misuse, unauthorized accessor disclosure, alteration or destruction of that
information.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
EST, otherwise it will be deemed to have been delivered on the next business
day. In the case of regular mail notice, valid notice shall be deemed to have
been validly and effectively given 5 business days after the date of mailing
and, in the case of notification to us or to RSP shall be sent to:
OUR ADDRESS:
TUCOWS 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.
26. 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.
27. 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.
28. INFANCY. You attest that you are of legal age to enter into this
Agreement.
29.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 .TV