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The information on this page applies to the
registration of the top level domain .US
I. Services
Cocoa Village Publishing is an authorized reseller of domain
registration for TUCOWS/OPENSRS and may provide consultation for you to register a
domain name with other registrars providing that the registrar has adequately
documented procedures.
II. Terms and
Conditions
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")
"Registrant", "you" and "your" refer to the
registrant of each domain name registration, "we", "us"
and "our" refer to TUCOWS Inc., "Registry Operator" refers
to Neulevel Inc., "DOC" refers to the United States of America
Department of Commerce, and "Services" refers to the domain name
registration provided by us as offered through Cocoa Village Publishing ("RSP").
This Agreement explains our obligations to you, and explains your obligations
to us for various Services.
2. .us NEXUS REQUIREMENT. Only those individuals or organizations that
have a substantive lawful connection in the United States are permitted to
register for .usTLD domain names. Registrants in the .usTLD must satisfy the
nexus requirement ("Nexus" or "Nexus Requirements") set
out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf
3. SELECTION OF A DOMAIN NAME. You certify and represent that:
- you have and shall continue to have, a bona fide presence in
the United States on the basis of real and substantial lawful contacts
with, or lawful activities in, the United States as defined in Section 2
hereinabove.
- the data provided in the domain name registration application
is true, correct, up to date and complete, and that you will continue to
keep all of the information provided correct, up-to-date and complete;
- to the best of the your knowledge and belief, neither this
registration of a domain name nor the manner in which it is directly or
indirectly to be used infringes upon the legal rights of a third party;
- that the domain name is not being registered for nor shall it
at any time whatsoever be used for any unlawful purpose whatsoever;
- you have the authority to enter into this Registration
Agreement.
4. FEES. As consideration for the Services you have selected, you agree
to pay the RSP the applicable service(s) fees. All fees payable hereunder are
non-refundable. As further consideration for the Services, you agree to: (1)
provide certain current, complete and accurate information about you as
required by the registration process and (2) maintain and update this
information as needed to keep it current, complete and accurate. All such
information shall be referred to as account information ("Account
Information"). By submitting this Agreement, you represent that the
statements in your Application are true, complete and accurate.
5. TERM. This Agreement shall remain in full force during the length of
the term of your domain name registration(s) as selected, recorded, and paid
for upon registration of the domain name. Should you choose to renew or
otherwise lengthen the term of your domain name registration, then the term of
this Registration Agreement shall be extended accordingly. Should the domain
name be transferred to another Registrar, the terms and conditions of this
contract shall cease.
6. MODIFICATIONS TO AGREEMENT. You agree that we may: (1) revise the
terms and conditions of this Agreement; and (2) change the services provided
under this Agreement. You agree to be bound by any such revision or change
which shall be effective immediately upon posting on our web site or upon
notification to you by e-mail or your country's postal service pursuant to the
Notices section of this Agreement. You agree to review this Agreement as
posted on our web site periodically to maintain an awareness of any and all
such revisions. If you do not agree with any revision to the Agreement, you
may terminate this Agreement at any time by providing us with notice by e-mail
or postal service pursuant to the Notices section of this Agreement. Notice of
your termination shall be effective after processing by us. You agree that, by
continuing the use of Services following notice of any revision to this
Agreement or change in service(s), you shall be bound by any such revisions
and changes. You acknowledge that if you do not agree to any such
modifications, you may request that your domain name be deleted from the
domain name database. We will not refund any fees paid by you if you terminate
your agreement with us.
7. MODIFICATIONS TO YOUR ACCOUNT. You shall maintain your own records
appropriate to document and prove the initial registration date of the domain
name. In order to change any of your account information with us, you must use
your Account Identifier and Password that you selected when you opened your
account with us. You agree to safeguard your Account Identifier and Password
from any unauthorized use. In no event shall we be liable for the unauthorized
use or misuse of your Account Identifier or Password.
8. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain
name through us, or transferred a domain name to us from another registrar,
you agree to be bound by the Dispute Policy and the usDRP, as defined below,
that is incorporated herein and made a part of this Agreement by reference.
Please take the time to familiarize yourself with these policies.
9. DOMAIN NAME DISPUTES. You acknowledge having read and understood and
agree to be bound by the terms and conditions of the following documents, as
they may be amended from time to time, which are hereby incorporated and made
an integral part of this Agreement:
- The Nexus Dispute Policy ("Dispute Policy), available at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
The Dispute Policy will provide interested parties with an opportunity to
challenge a registration not complying with the Nexus Requirements.
- The usTLD Dispute Resolution Policy ("usDRP"). The
usDRP is intended to provide interested parties with an opportunity to
challenge a registration based on alleged trademark infringement. In
addition to the foregoing, you agree that, for the adjudication of
disputes concerning or arising from use of the Registered Name, you shall
submit, without prejudice to other potentially applicable jurisdictions,
to the jurisdiction of the courts (i) of your domicile,
- where Tucows is located, and
- the United States.
10. POLICY. You agree that your registration of the domain name shall
be subject to suspension, cancellation, or transfer pursuant to any Tucows,
Registry Operator, the DOC or government-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent with a DOC or
government-adopted policy, (1) to correct mistakes by us or the applicable
Registry in registering the name or (2) for the resolution of disputes
concerning the domain name. The Registry Operator's policies can be found at http://www.neustar.us/policies.
11. AGENCY. Should you intend to license use of a domain name to a
third party you shall nonetheless be the domain name holder of record and are
therefore responsible for providing your own full contact information and for
providing and updating accurate technical and administrative contact
information adequate to facilitate timely resolution of any problems that
arise in connection with the domain name. You shall accept liability for harm
caused by wrongful use of the domain name. You represent that you have
provided notice of the terms and conditions in this Agreement to a third party
licensee and that the third party agrees to the terms hereof. You acknowledge
and agree that the domain name has not been registered solely for the purposes
of selling, trading or leasing for compensation and will be used for a
business or commercial purpose.
12. ANNOUNCEMENTS. We reserve the right to distribute information to
you that is pertinent to the quality or operation of our services and those of
our service partners. These announcements will be predominately informative in
nature and may include notices describing changes, upgrades, new products or
other information to add security or to enhance your identity on the Internet.
13. LIMITATION OF LIABILITY. You agree that our entire liability, and
your exclusive remedy, with respect to any Services(s) provided under this
Agreement and any breach of this Agreement is solely limited to the amount you
paid for such Service(s). Neither we nor our contractors or third party
beneficiaries shall be liable for any direct, indirect, incidental, special or
consequential damages resulting from the use or inability to use any of the
Services or for the cost of procurement of substitute services. Because some
jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, in such jurisdictions, our liability is
limited to the extent permitted by law. We disclaim any and all loss or
liability resulting from, but not limited to: (1) loss or liability resulting
from access delays or access interruptions; (2) loss or liability resulting
from data non-delivery or data miss-delivery; (3) loss or liability resulting
from acts of God; (4) loss or liability resulting from the unauthorized use or
misuse of your account identifier or password; (5) loss or liability resulting
from errors, omissions, or misstatements in any and all information or
services(s) provided under this Agreement; (6) loss or liability resulting
from the interruption of your Service. You agree that we will not be liable
for any loss of registration and use of your domain name, or for interruption
of business, or any indirect, special, incidental, or consequential damages of
any kind (including lost profits) regardless of the form of action whether in
contract, tort (including negligence), or otherwise, even if we have been
advised of the possibility of such damages. In no event shall our maximum
liability exceed five hundred ($500.00) dollars.
14. INDEMNITY. You agree to release, indemnify, and hold us, the
Registry Operator, the DOC, our respective contractors, agents, employees,
officers, directors, affiliates and third party beneficiaries harmless from
all liabilities, claims and expenses, including attorney's fees, of third
parties relating to or arising under this Agreement, the Services provided
hereunder or your use of the Services, including without limitation
infringement by you, or someone else using the Service of any intellectual
property or other proprietary right of any person or entity, or from the
violation of any of our operating rules or policy relating to the Service(s)
provided. You also agree to release, indemnify and hold us harmless pursuant
to the terms and conditions contained in the Dispute Policy. When we are
threatened with suit by a third party, we may seek written assurances from you
concerning your promise to indemnify us; your failure to provide those
assurances shall be a breach of your Agreement and may result in deactivation
of your domain name. This indemnification obligation will survive the
termination or expiration of this agreement.
15. TRANSFER OF OWNERSHIP. The person named as registrant on the WHOIS
shall be the registered name holder. The person named as administrative
contact at the time the controlling user name and password are secured shall
be deemed to be the designate of the registrant with the authority to manage
the domain name. You agree that prior to transferring ownership of your domain
name to another person (the Transferee") you shall require the Transferee
to agree in writing to be bound by all the terms and conditions of this
Agreement. Your domain name may not be transferred until we receive such
written assurances or other reasonable assurance that the Transferee has been
bound by the contractual terms of this Agreement (such reasonable assurance as
determined by us in our sole discretion) along with the applicable transfer
fee. If the Transferee fails to be bound in a reasonable fashion (as determine
by us in our sole discretion) to the terms and conditions in this Agreement,
any such transfer will be null and void. You acknowledge that you will not be
entitled to change registrars during the first sixty (60) days following the
registration of your domain name.
16. BREACH. You agree that failure to abide by any provision of this
Agreement including but not limited to any failure to abide by the Nexus
Requirements, any operating rule or policy or the Dispute Policy provided by
us, may be considered by us to be a material breach and that we may provide a
written notice, describing the breach, to you. If you fail to provide
evidence, which is reasonably satisfactory to us, that you have not breached
your obligations under the Agreement, then we may delete the registration or
reservation of your domain name. Any such breach by you shall not be deemed to
be excused simply because we did not act earlier in response to that, or any
other breach by you.
17. NO GUARANTY. You acknowledge that registration or reservation of
your chosen domain name does not confer immunity from objection to either the
registration, reservation, or use of the domain name.
18. DISCLAIMER OF WARRANTIES. You agree that your use of our Services
is solely at your own risk. You agree that such Service(s) is provided on an
"as is," "as available" basis. We expressly disclaim all
warranties of any kind, whether express or implied, including but not limited
to the implied warranties of merchantability, fitness for a particular purpose
and non-infringement. We make no warranty that the Services will meet your
requirements, or that the Service(s) will be uninterrupted, timely, secure, or
error free; nor do we make any warranty as to the results that may be obtained
from the use of the Service(s) or as to the accuracy or reliability of any
information obtained through the Service or that defects in the Service will
be corrected. You understand and agree that any material and/or data
downloaded or otherwise obtained through the use of Service is done at your
own discretion and risk and that you will be solely responsible for any damage
to your computer system or loss of data that results from the download of such
material and/or data. We make no warranty regarding any goods or services
purchased or obtained through the Service or any transactions entered into
through the Service. If you license use of the domain name, you nonetheless
agree that you shall accept any and all liability for any harm caused by said
licensed use and suffered by Tucows, the Registry Operator and/or the DOC. No
advice or information, whether oral or written, obtained by you from us or
through the Service shall create any warranty not expressly made herein.
19. INFORMATION. As part of the registration process, you are required
to provide us certain information and to update us promptly as such
information changes such that our records are current, complete and accurate.
You are obliged to provide us the following information:
- Your full name, postal address, e-mail address and telephone
number and fax number (if available) (or, if different, that of the domain
name holder);
- The domain name being registered;
- The name, postal address, e-mail address, and telephone number
and fax number (if available) telephone numbers of the administrative
contact, the technical contact and the billing contact for the domain
name;
- The IP addresses and names of the primary nameserver and any
secondary nameserver(s) for the domain name;
- In addition to the foregoing, you will be required to provide
additional Nexus Information. The Nexus Information requirements are set
out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
Any other information, which we request from you at registration, is
voluntary. Any voluntary information we request is collected for the
purpose of improving the products and services offered to you through your
RSP.
20. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and
acknowledge that we will make domain name registration information you provide
available to the DOC, to the Registry Operator, and to other third parties as
applicable. You further agree and acknowledge that we may make publicly
available, or directly available to third party vendors, some, or all, of the
domain name registration information you provide, for purposes of inspection
(such as through our WHOIS service) or other purposes as required or permitted
by the DOC and applicable laws. You hereby consent to any and all such
disclosures and use of information provided by you in connection with the
registration of a domain name (including any updates to such information),
whether during or after the term of your registration of the domain name. You
hereby irrevocably waive any and all claims and causes of action you may have
arising from such disclosure or use of your domain name registration
information by us. You may access your domain name registration information in
our possession to review, modify or update such information, by accessing our
domain manager service, or similar service, made available by us through your
RSP. We will not process data about any identified or identifiable natural
person that we obtain from you in a way incompatible with the purposes and
other limitations which we describe in this Agreement. We will take reasonable
precautions to protect the information we obtain from you from our loss,
misuse, unauthorized accessor disclosure, alteration or destruction of that
information.
21. REVOCATION. Your wilful provision of inaccurate or unreliable
information, your wilful failure promptly to update information provided to
us, or any failure to respond to inquiries by us addressed to the email
address of the registrant, the administrative, billing or technical contact
appearing in the "Whois" directory with respect to a domain name
concerning the accuracy of contact details associated with the registration
shall constitute a material breach of this Agreement and be a basis for
cancellation of the domain name registration. Any information collected by us
concerning an identified or identifiable natural person ("Personal
Data") will be used in connection with the registration of your domain
name(s) and for the purposes of this Agreement and as required or permitted by
the DOC or Registry Operator policy.
22. RIGHT OF REFUSAL. We, and/or Registry Operator, in our sole
discretion, reserve the right to refuse to register or reserve your chosen
domain name or register you for other Services. In the event we do not
register or reserve your domain name or register you for other Services, or we
delete your domain name or other Services within such thirty (30) calendar day
period, we agree to refund your applicable fee(s). You agree that we shall not
be liable to you for loss or damages that may result from our refusal to
register, reserve, or delete your domain name or register you for other
Services. We reserve the right to delete or transfer your domain name
following registration if we believe the registration has been made possible
by a mistake, made either by us or by a third party. We also reserve the right
to suspend a domain name during resolution of a dispute.
23. SEVERABILITY. You agree that the terms of this Agreement are
severable. If any term or provision is declared invalid or unenforceable, that
term or provision will be construed consistent with applicable law as nearly
as possible to reflect the original intentions of the parties, and the
remaining terms and provisions will remain in full force and effect. 24.
NON-AGENCY. Nothing contained in this Agreement or the Dispute Policies
shall be construed as creating any agency, partnership, or other form of joint
enterprise between the parties.
25. NON-WAIVER. Our failure to require performance by you of any
provision hereof shall not affect the full right to require such performance
at any time thereafter; nor shall the waiver by us of a breach of any
provision hereof be taken or held to be a waiver of the provision itself.
26. NOTICES. Any notice, direction or other communication given under
this Agreement shall be in writing and given by sending it via e-mail or via
postal service. In the case of e-mail, valid notice shall only have been
deemed to be given when an electronic confirmation of delivery has been
obtained by the sender. In the case of e-mail, notifications must be sent to
us at lhutz@tucows.com, or in the case
of notification to you, to the e-mail address provided by you in your WHOIS
record. Any e-mail communication shall be deemed to have been validly and
effectively given on the date of such communication, if such date is a
business day and such delivery was made prior to 4:00 p.m. EST, otherwise it
will be deemed to have been delivered on the next business day. In the case of
regular mail notice, valid notice shall be deemed to have been validly and
effectively given 5 business days after the date of mailing and, in the case
of notification to us or to RSP shall be sent to:
Our address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
CANADA
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 Tucows, the DOC and/or the Registry Operator and the Dispute
Policy are the complete and exclusive agreement between you and us regarding
our Services. This Agreement and the Dispute Policy supersede all prior
agreements and understandings, whether established by custom, practice, policy
or precedent.
28. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED
AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF ONTARIO AND THE
FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING
CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN
ONTARIO AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
29. INFANCY. You attest that you are of legal age to enter into this
Agreement.
30. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY
EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY
REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN
THIS AGREEMENT.
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