Form of Registration
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 domain name registration
provided by us as offered through OffspringNet (“RSP”). This Agreement
explains our obligations to you, and explains your obligations to us
for the Services.
- 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.
- FEES. As consideration
for the Services, 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 Account Information and all other statements
put forth in your application are true, complete and accurate. Both
Tucows and the Registry reserve the right to terminate your domain name
registration if: (i) information provided by you or your agent is false,
inaccurate, incomplete, unreliable, misleading or otherwise secretive;
or (ii) you have failed to maintain, update and keep your Account Information
true, current, complete, accurate and reliable. You acknowledge that
a violation of this Section 3 will constitute a material breach of this
agreement which will entitle either us or the Registry to terminate
this agreement immediately without any refund and without notice to
- 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.
- MODIFICATIONS TO
AGREEMENT. You agree that either we or the Registry 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 Registry dispute policy
(“Dispute Policy”) as presently written and posted on http://www.nic.cc/policies/dispute.html
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.
- 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.
- 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.nic.cc/policies/dispute.html.
Please take the time to familiarize yourself with this policy.
- 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. You acknowledge that neither we nor the Registry screen or otherwise
review your domain name application to verify that you have the legal
right to use a particular word or term. You are strongly encouraged
to perform a trademark search with respect to the words and/or phrases
comprising your domain name prior to applying for registration of the
domain. You agree that you will be solely liable in the event that your
use of a domain constitutes an infringement or other violation of a
third party’s rights.
- POLICY. You
agree that your registration of the domain name shall be subject to
suspension, cancellation, or transfer pursuant to a Tucows, Registry,
regulatory or government-adopted policy, or pursuant to any registrar
or registry procedure not inconsistent with a Tucows, Registry, regulatory
or government-adopted policy, (1) to correct mistakes by us or the Registry
in registering the name, or (2) for the resolution of disputes concerning
the domain name. You acknowledge and understand that by accepting the
terms and conditions of this agreement you shall be bound by Registry
policies and any pertinent rules or policies that exist now or in the
future and which are posted on the Registry website at http://www.nic.cc.
You are responsible for monitoring the Registry’s site on a regular
basis. In the event that you do not wish to be bound by a revision or
modification to any Registry policy, your sole remedy is to cancel your
domain name registration by following the appropriate Registry policy
regarding such cancellation.
- 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 any third party
licensee and that the third party agrees to the terms hereof.
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
- 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,
including but not limited to Verisign, Inc. and eNic Corporation, 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.
You agree to release, indemnify, and hold us, our contractors, agents,
employees, officers, directors, affiliates and third party beneficiaries,
including but not limited to Verisign, Inc. and eNic Corporation, 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.
- SCOPE OF REGISTRATION.
You will be entitled to exclusive use of the domain name during the
term of the registration. Notwithstanding the foregoing, you shall not
use, display, exploit or register a domain name which action may constitute
illegal activity or be in contravention or violation of a Tucows or
Registry policy. You acknowledge that a breach of this clause will constitute
a material breach of this agreement which will entitle either Tucows
or the Registry to terminate this agreement immediately upon such breach
without any refund. In addition, both we and/or the Registry may, in
our sole discretion, refuse registration of your desired domain name
within thirty (30) calendar days from receipt of payment. Neither Tucows
nor the Registry shall be liable for any loss, damage or other injury
whatsoever resulting from any refusal to register your desired domain
- 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 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 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.
- 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 fifteen (15) 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.
- 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.
- 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.
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 name and
postal address (or, if different, that of the domain name holder);
- The domain name
- The name, postal
address, e-mail address, and voice and fax (if available) telephone
numbers of the administrative contact for the domain name;
- 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
- DISCLOSURE AND
USE OF REGISTRATION INFORMATION. You agree and acknowledge that
either we and/or the Registry may make directly available to third parties
or publicly available, some or all, of the Account Information for inspection
through our WHOIS service and for any other purposes as may be required
or permitted by applicable laws or policies. You hereby irrevocably
waive and release Tucows and/or the Registry from any and all claims
and causes of action you may have arising from any disclosure, use,
or unauthorized access of your Account Information.
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
ICANN Agreement or an ICANN/Registry Operator policy.
- 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
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.
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.
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.
- 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 email@example.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. E.S.T., 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 five (5)
business days after the date of mailing and, in the case of notification
to us or to RSP shall be sent to:
96 Mowat Avenue
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.
- 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.
- 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.
- INFANCY. You
attest that you are of legal age to enter into this Agreement.
- FORCE MAJEURE.
You acknowledge and agree that neither we nor the Registry shall be
responsible for any failure or delay in performing our respective obligations
hereunder arising from any cause beyond our reasonable control, including
but not limited to, acts of God, acts of civil or military authority,
fires, wars, riots, earthquakes, storms, typhoons and floods.
- FOREIGN LANGUAGE;
Controlling Language. In the event that you are reading this agreement
in a language other than the English language, you acknowledge and agree
that the English language version hereof shall prevail in case of inconsistency
or contradiction in interpretation or translation.
- 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.