APPENDIX
A
Form of Registration Agreement
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 SiteTurn
Networks ("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 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 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://resellers.tucows.com/opensrs/legal.
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 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). 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 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.
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 [email protected], 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
CANADA
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.
29. 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.
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.
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