APPENDIX A
Canadian Registration Agreement
In
order that a party may hold a valid
.ca domain name registration, TUCOWS, requires that all registrants
adhere to certain terms and conditions.
As an organization or individual applying to register, transfer or renew
an .ca domain name via the agency of 3-g.com
and/or TUCOWS you accordingly
agree as follows:
1.
AGREEMENT. In this
Registration Agreement ("Agreement") , "we", us" and
"our" refer to TUCOWS
Inc. and “Services” refers to the domain name registration, transfer
or renewal services provided by us as offered through
3-g.com
, the
Registration Service Provider (“RSP”). CIRA shall refer to the entity
granted the exclusive right to administer the registry for .ca domain name
registrations.
2.
SELECTION OF A DOMAIN NAME. 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 used infringes the legal rights of
a third party and that the domain name is not being registered for any unlawful
purpose.
3.
FEES. As consideration for the Services you have selected, you agree to
pay to us, or your respective RSP who remits payment to us on your behalf, the
applicable 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"). You, by completing and
submitting this Agreement represent that the statements in your application are
true.
4.
TERM. You agree that this Agreement will remain in full force during the
term of your domain name registration as selected, recorded, and paid for upon
registration of the domain name. Should you choose to renew the term of your
domain name registration, then the term of this Agreement will be extended
accordingly. Should you transfer your domain name or should the domain name
otherwise be transferred to another Registrar, the terms and conditions of this
contract shall cease and shall be replaced by the contractual terms in force
between domain name registrants and the new Registrar.
5.
MODIFICATIONS TO AGREEMENT. You agree, during the period of this
Agreement, that we may: (1) revise the terms and conditions of this Agreement;
and (2) change the services provided under this Agreement. Any such revision or
change will be binding and effective immediately on posting of the revised
Agreement or change to the service(s) on our web site, or on notification to
you by e-mail or regular mail as per the Notices section of this agreement. You
agree to review our web site, including the Agreement, periodically to be aware
of any 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 regular mail as per the Notices section of this agreement. Notice of
your termination will be effective on receipt and processing by us. You agree
that, by continuing to use the Services following notice of any revision to
this Agreement or change in service(s), you shall abide by any such revisions
or changes. You further agree to abide by the CIRA dispute resolution policy
(“Dispute Policy”) as amended from time to time. You agree that, by
maintaining the reservation or registration of your domain name after
modifications to the Dispute Policy become effective, you have agreed to these
modifications. 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. Please safeguard your account
identifier and password from any unauthorized use. In no event will 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 which is incorporated herein and made a
part of this Agreement by reference. The current version of the Dispute Policy
may be found at the CIRA website. 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 in effect at the time of the
dispute. 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.
CIRA POLICY. You agree that your registration of the domain name shall
be subject to suspension, cancellation, or transfer pursuant to any
CIRA-adopted policy, or pursuant to any registrar or registry procedure not
inconsistent with an CIRA-adopted policy, (1) to correct mistakes by a
registrar or the registry in registering the name or (2) for the resolution of
disputes concerning the domain name.
10.
AGENCY. Should you intend to license use of a domain name to a third
party you shall nonetheless be the domain name registrant 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 also represent that you have provided
notice of the terms and conditions in this Agreement to the third party and
that the third party agrees to the terms of Disclosure and Use of Registration
Information (sections 18 and 19 of this Agreement).
11.
ANNOUNCEMENTS. We and the RSP 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 Service(s) provided under this Agreement
and any breach of this Agreement is solely limited to the amount you paid for
such Service(s). We and our contractors 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 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 service(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 and affiliates harmless
from all liabilities, claims and expenses, including attorney's fees, from
claims by third parties, including but not limited to the RSP and CIRA 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 with your computer, 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 CIRA 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
deactivation of your domain name.
14.
TRANSFER OF OWNERSHIP.
Any transfer of ownership in and
to a domain name registration shall be affected in accordance with CIRA
policies and procedures.
15.
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 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 agree that, by registration or reservation of your
chosen domain name, such registration or reservation 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: :P>
(i)
Your name and postal address
(or, if different, that of the domain name holder); :P>
(ii)
The domain name being registered; :P>
(iii)
The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the administrative contact for the domain name;
:P>
(iv)
The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the billing contact for the domain name.
:P>
(v)
The Internet Protocol number of the primary name server and
secondary name server(s) for each domain name registration and the
corresponding names of those name servers. :P>
Any
voluntary information we request is collected such that we can continue to
improve the products and services offered to you through your RSP.
:P>
19.
DISCLOSURE AND USE OF REGISTRATION
INFORMATION. You agree and acknowledge that we will make domain name
registration information you provide available to CIRA, to the registry
administrators, and to other third parties as CIRA and applicable laws may
require or permit. 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 CIRA and the applicable laws.
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.
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 willful provision of inaccurate or unreliable
information, your willful failure promptly to update information provided to
us, or your failure to respond for over fifteen 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 within thirty (30) calendar days from receipt of your payment for such
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.
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 regular
mail. 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 notification to us or to the RSP to
lhutz@tucows.com or
info@3-g.com or, in the case of
notice to you, at 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 the RSP shall be sent to:
TUCOWS Com Co
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
OR-
3-g.com
2700 Woodlands Village #300-202
Flagstaff, AZ 86001
USA
info@3-g.com
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.
INCONSISTENCIES WITH CIRA.
In the event that this Agreement may be inconsistent with any term,
condition, policy or procedure of CIRA, the term, condition, policy or
procedure of CIRA shall prevail.
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.
