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 micn.net 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@micn.net 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 -
micn.net
your address
Tel. +
Fax +
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.
