1. AGREEMENT. In this Registration Agreement
("Agreement") "you" and "your" refer to each
customer, "we", us" and "our" refer to Tucows.com Inc.
and "Services" refers to the domain name registration provided by us
as offered through 3-g.com the Registration Service Provider
("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 the registration of
the SLD 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 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"). You, by completing and submitting this Agreement represent
that the statements in your application are true.
4. TERM. You agree that the Registration
Agreement will remain in full force during the length of the term of your
Domain Name Registration. Should you choose to renew or otherwise lengthen the
term of your Domain Name Registration, then the term of this Registration
Agreement will be extended accordingly. This Agreement will remain in full
force during the length of the term of your Domain Name Registration 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 will be extended
accordingly. Should you transfer your domain name or should the domain name
otherwise be transferred due to another Registrar, the terms and conditions of
this contract shall cease and shall be replaced by the contractual terms in
force for the purpose of registering domain names then in force between SLD
holders 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 ICANN
Uniform 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
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 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. For any dispute,
you agree to submit to the jurisdiction of the courts of The Province of
Ontario.
9. ICANN POLICY. You agree that your
registration of the SLD name shall be subject to suspension, cancellation, or
transfer pursuant to any ICANN-adopted policy, or pursuant to any registrar or
registry procedure not inconsistent with an ICANN-adopted policy, (1) to
correct mistakes by Registrar or the Registry in registering the name or (2)
for the resolution of disputes concerning the SLD name.
10. AGENCY. Should you intend to license use of
a domain name to a third party you shall nonetheless be the SLD 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 SLD. You shall accept liability
for harm caused by wrongful use of the SLD, unless you promptly disclose the
identity of the licensee to the party providing you reasonable evidence of
actionable harm. 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 Services(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
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. 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 and
affiliates harmless from all liabilities, claims and expenses, including
without limitation Network Solutions, Inc., and the directors, officers,
employees and agents of each of them, 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 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 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. The person named as
administrative contact at the time the controlling 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.
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 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:
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
such that we can continue to improve 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 ICANN 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 ICANN 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 access
or 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 SLD 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. SEVER ABILITY. 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 Inc.
Registrant Affairs Office 96 Mowat Avenue
Toronto, Ontario M6K 3M1
- OR -
3-g.com
2700 Woodlands Blvd #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. 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.
