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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
WebTwister. 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.
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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