|
Contrato de
registro de dominios |
Exhibit A
Registration Agreement
1. IN THIS REGISTRATION AGREEMENT ("Agreement"), “Registrant”, "you" and
"your" refers to the Registrant of each domain name registration, "we", “us" and
"our" refers to Tucows.com Co., and “Services” refers to the domain name
registration services provided by us as offered through
ISLAWEB, SL, the Registration Service Provider
(“Reseller”). Any reference to a “registry,” “Registry” or “Registry Operator”
shall refer to the registry administrator of the applicable TLD or ccTLD. This
Agreement explains our obligations to you, and explains your obligations to us
for the Services. By agreeing to the terms and conditions set forth in this
Agreement, you are also agreeing to be bound by the rules and regulations set
forth by a registry for that particular registry only.
2. SELECTION OF A DOMAIN NAME. You acknowledge and agree that we cannot
guarantee that you will obtain a desired domain name registration, even if an
inquiry indicates that a domain name is available at the time of your
application for same. You represent that, to the best of the your knowledge and
belief, neither the registration of the 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. During the period
following registration of a domain name and the appointment of active name
servers, we may post a stagnant web page and any revenues generated from same
shall be for our own account.
3. FEES. As consideration for the Services, you agree to pay Reseller the
applicable service(s) fees prior to the effectiveness of a desired domain name
registration or any renewal thereof. All fees payable hereunder are
non-refundable even if your domain name registration is suspended, cancelled or
transferred prior to the end of your current registration term. 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 represent that the Account
Information and all other statements put forth in your application are true,
complete and accurate. Both Tucows and each registry reserves 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 breach of this Section 3 will constitute a material breach of our Agreement,
which will entitle either us or a registry to terminate this Agreement
immediately upon such breach without any refund and without notice to you.
4. TERM. This Agreement will remain in effect during the term of your
domain name registration as selected, recorded and paid for at the time of
registration or any renewal thereof. Should the domain name be transferred to
another registrar, the terms and conditions of this Agreement shall cease.
5. MODIFICATIONS TO AGREEMENT. You acknowledge that the practice of
registering and administering domain names is constantly evolving; therefore,
you agree that Tucows may modify this Agreement, or any other related and/or
applicable agreement, as is necessary to comply with its agreements with ICANN,
a registry or any other entity or individual, as well as to adjust to changing
circumstances. All amendments to this Agreement will be posted on our website.
Your continued use of the domain name registered to you will constitute your
acceptance of this Agreement with any revisions. If you do not agree to any
change, you may request that your domain name registration be cancelled or
transferred to a different accredited registrar. You agree that such
cancellation or request for transfer will be your exclusive remedy if you do not
wish to abide by any change to this Agreement, or any other related and/or
applicable agreement.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account
information with us, you must use the 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. NO GUARANTY. You acknowledge that registration or reservation of your
chosen domain name does not confer immunity from objection to the registration,
reservation or use of the domain name.
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 adopted by the
applicable registry. 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 applicable policy. If Tucows is notified
that a complaint has been filed with a judicial or administrative body regarding
your domain name, Tucows may, at its sole discretion, suspend your ability to
use your domain name or to make modifications to your registration records until
(i) Tucows is directed to do so by the judicial or administrative body, or (ii)
Tucows receives notification by you and the other party contesting your domain
that the dispute has been settled. Furthermore, you agree that if you are
subject to litigation regarding your registration or use of your domain name,
Tucows may deposit control of your registration record into the registry of the
judicial body by supplying a party with a registrar certificate from us.
9. POLICY. You agree that your registration of the domain name shall be
subject to suspension, cancellation, or transfer pursuant to a Tucows, registry,
ICANN or government-adopted policy, or pursuant to any registrar or registry
procedure not inconsistent with a Tucows, registry, ICANN or government-adopted
policy, (1) to correct mistakes by us or a registry in registering the name or
(2) for the resolution of disputes concerning the domain name.
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 will secure the
agreement of any third party to the terms and conditions in this Agreement
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 the initial registration of your domain name. Tucows and its directors,
employees, affiliates, subsidiaries, agents and third party providers, ICANN and
the applicable registries 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.
13. INDEMNITY. You agree to release, indemnify, and hold Tucows, its
contractors, agents, employees, officers, directors and affiliates, ICANN, the
applicable registries and their respective directors, officers, employees,
agents and affiliates harmless from all liabilities, claims and expenses,
including attorney's fees, of third parties arising out of or relating to the
registration or use of the domain name registered in your name, whether used by
yourself, licensed to a third party or pursuant to the Whois Privacy Service,
including without limitation infringement by you or a third party with access to
your Account Identifier and Password. You also agree to release, indemnify and
hold us harmless pursuant to the terms and conditions contained in the
applicable 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 the suspension or cancellation of your
domain name. This indemnification obligation will survive the termination or
expiration of this Agreement.
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 account identifier 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. 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. RENEWALS AND FORFEITURE. Domain names are registered for a finite
period of time. You will receive reminders immediately prior to the expiration
of your registration inviting you to renew your domain name. In the event that
you fail to renew your domain name in a timely fashion, your registration will
expire and we may, at our discretion, elect to assume the registration and may
hold it for our own account, delete it or we may sell it to a third party. You
acknowledge and agree that your right and interest in a domain name ceases upon
its expiration and that any expired domain name may be made available for
registration by a third party.
If you fail to renew your registration, your domain name may cease to resolve
and visitors to your site may be redirected to a default page informing them
that the site is no longer in service. This parked or default page may feature
advertisements posted by us for our own account.
If we have elected to renew the registration, you will be entitled to a grace
period during which you may re-register the domain name from us. Additional
costs may apply. During this grace period, we may post a parked page and/or may
revise the “Whois” registration records to include either our information or
that of your Reseller. The domain name may also be listed for auction. If the
name is sold during any such auction, it will be acquired by a third party on a
provisional basis and will remain available for re-registration by you during
our stated grace period. If you do not re-register the domain name during the
grace period, the auction sale will be concluded.
If you fail to renew your domain name registration during the grace period, you
acknowledge that you have abandoned the domain name and that it is available for
sale and registration by any third party.
16. 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.
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:
|
(a) |
your name
and postal address (or, if different, that of the domain name holder); |
| (b) |
the domain name being
registered; |
| (c) |
the name, postal
address, e-mail address, and voice and fax (if available) telephone
numbers of the administrative contact for the domain name; |
| (d) |
the name, postal
address, e-mail address, and voice and fax (if available) telephone
numbers of the billing contact for the domain name; and |
| (e) |
the name, postal
address, e-mail address, and voice and fax (if available) telephone
numbers of the technical contact for the domain name. |
Any voluntary information we request is collected
in order that we can continue to improve the products and services offered to
you through your Reseller.
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, law enforcement agencies 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.
|
(a) |
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.
|
| (b) |
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 Reseller. |
| (c) |
We will not process or
maintain 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. |
| (d) |
We will take reasonable
precautions to protect the information we obtain from you from our loss,
misuse, unauthorized disclosure, alteration or destruction of that
information. |
20. OBLIGATION TO MAINTAIN WHOIS. 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 ICANN or an
applicable registry policy.
21. REVOCATION. We, in our sole discretion, reserve the right to deny,
cancel, suspend, transfer or modify any domain name registration to correct a
mistake, protect the integrity and stability of the company and any applicable
registry, to comply with any applicable laws, government rules, or requirements,
requests of law enforcement, in compliance with any dispute resolution process,
or to avoid any liability, civil or criminal. You agree that we shall not be
liable to you for loss or damages that may result from our refusal to register
or cancel, suspend, transfer or modify your domain name registration.
22. INCONSISTENCIES WITH REGISTRY POLICIES. In the event that this
Agreement may be inconsistent with any term, condition, policy or procedure of
an applicable registry, the term, condition, policy or procedure of the
applicable registry shall prevail.
23. 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.
24. 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
be given when an electronic confirmation of delivery has been obtained by the
sender. E-mail notification to Tucows must be sent to lhutz@tucows.com. Any
notice to you will be sent 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 five (5) business days after the date of mailing Postal notices to Tucows
shall be sent to:
Tucows.com Co.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1
CANADA
Attention: Legal Affairs
and in the case of notification to you shall be sent to the address specified in
the “Administrative Contact” in your Whois record.
25. ENTIRETY. You agree that this Agreement, the applicable dispute
policy and the rules and policies published by Tucows and any applicable
registry or other governing authority, are the complete and exclusive agreement
between you and us regarding our Services.
26. 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.
27. INFANCY. You attest that you are of legal age to enter into this
Agreement.
28. FORCE MAJEURE. You acknowledge and agree that neither we nor the
applicable registry shall be responsible for any failures or delays 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.
29. PRIVACY. Information collected about you is subject to the terms of
Tucows’ privacy policy, the terms of which are hereby incorporated by reference.
Tucows’ privacy policy can be found at:
http://www.tucows.com/privacy.html
30. 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.
31. TLD’S. The following additional provisions apply to any domain names
that you register through Tucows with the various registries:
|
(a) |
.com/net
Domains: In the case of a “.com” or “.net” registration, the
following terms and conditions will apply: |
| |
| (i) |
Submission to
UDRP. Registrant agrees to submit to proceedings under ICANN's
Uniform Domain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry;
these policies are subject to modification; |
| (ii) |
For the
adjudication of disputes concerning or arising from use of the
domain name, the Registrant shall submit, without prejudice to
other potentially applicable jurisdictions, to the jurisdiction
of the courts (1) of the Registrant’s domicile, and (2) where
Tucows is located, presently Toronto, Ontario. |
|
|
(b) |
.org
Domains: In the case of a “.org” registration, the following terms
and conditions will apply: |
| |
| (i) |
Submission to
UDRP. Registrant agrees to submit to proceedings under ICANN's
Uniform Dom ain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry.
These policies are subject to modification; |
| (ii) |
For the
adjudication of disputes concerning or arising from use of the
domain name, the Registrant shall submit, without prejudice to
other potentially applicable jurisdictions, to the jurisdiction
of the courts (1) of the Registrant’s domicile, and (2) where
Tucows is located, presently Toronto, Ontario. |
|
|
(c) |
.info
Domains: In the case of a “.info” registration, the following terms
and conditions will apply: |
| |
| (i) |
Registrant’s
Personal Data. You consent to the use, copying, distribution,
publication, modification, and other processing of Registrant’s
personal data by Afilias, the .INFO registry, and its designees
and agents, in a manner consistent with the purposes specified
pursuant to its contract; |
| (ii) |
Submission to
UDRP. Registrant agrees to submit to proceedings under ICANN's
Uniform Domain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry.
These policies are subject to modification; |
| (iii) |
For the
adjudication of disputes concerning or arising from use of the
domain name, the Registrant shall submit, without prejudice to
other potentially applicable jurisdictions, to the jurisdiction
of the courts (1) of the Registrant’s domicile, and (2) where
Tucows is located, presently Toronto, Ontario; |
| (iv) |
Reservation of
Rights. Tucows and Afilias expressly reserve the right to deny,
cancel, transfer, or modify any registration that either
registrar or Afilias deems necessary, at its discretion, to
protect the integrity and stability of the registry, to comply
with any applicable law, any government rule or requirement, any
request of law enforcement, any dispute resolution process, or
to avoid any liability, civil or criminal, on the part of the
registrar and/or Afilias, as well as their affiliates,
subsidiaries, executives, directors, officers, managers,
employees, consultants, and agents. The registrar and Afilias
also reserve the right to suspend a domain name or its
registration data during resolution of a dispute. |
|
|
(d) |
.biz
Domains. In the case of a “.biz” registration, the following terms
and conditions will apply: |
| |
| (i) |
.biz Restrictions.
Registrations in the .biz top-level domain must be used or
intended to be used primarily for bona fide business or
commercial purposes. For the purposes of the .biz registration
restrictions, “bona fide business or commercial use” shall mean
the bona fide use or bona fide intent to use the domain name or
any content, software, materials, graphics or other information
thereon, to permit Internet users to access one or more host
computers through the DNS: |
| |
|
(A) |
to
exchange goods, services, or property of any kind; |
|
(B) |
in the
ordinary course of business; or |
|
(C) |
to
facilitate (i) the exchange of goods, services,
information or property of any kind; or (ii) the
ordinary course of trade or business. |
|
| |
For more
information on the .biz restrictions, which are incorporated
herein by reference, please see:
http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm. |
| (ii) |
Selection of a
Domain Name. You represent that: |
| |
|
(A) |
the data
provided in the domain name registration application is
true, correct, up to date and complete, and that you
will continue to keep all of the information provided
correct, up-to-date and complete; |
|
(B) |
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; |
|
(C) |
that the
domain name is not being registered for nor shall it at
any time whatsoever be used for any unlawful purpose
whatsoever; |
|
(D) |
the
registered domain name will be used primarily for bona
fide business or commercial purposes and not (a)
exclusively for personal use, or (b) solely for the
purposes of (1) selling, trading or leasing the domain
name for compensation, or (2) the unsolicited offering
to sell, trade or lease the domain name for
compensation; |
|
(E) |
you have
the authority to enter into this Registration Agreement;
and |
|
(F) |
the
registered domain name is reasonably related to your
business or intended commercial purpose at the time of
registration. |
|
| (iii) |
Provision of
Registration Data. As part of the registration process, you are
required to provide us with certain information and to keep the
information true, current, complete, and accurate at all times.
The information includes the following: |
| |
|
(A) |
your full
name; |
|
(B) |
your
postal address; |
|
(C) |
your
e-mail address; |
|
(D) |
your voice
telephone number; |
|
(E) |
your fax
number (if applicable); |
|
(F) |
the name
of an authorized person for contact purposes in the case
of a registrant that is an organization, association, or
corporation; |
|
(G) |
the IP
addresses of the primary nameserver and any secondary
nameserver for the domain name; |
|
(H) |
the
corresponding names of the primary and secondary
nameservers; |
|
(I) |
the full
name, postal address, e-mail address, voice telephone
number, and, when available, fax number of the
administrative, technical, and billing contacts, and the
name holder for the domain name; and |
|
(J) |
any remark
concerning the domain name that should appear in the
Whois directory. |
|
(K) |
You agree
and understand that the foregoing registration data will
be publicly available and accessible on the Whois
directory as required by ICANN and/or registry policies,
and may be sold in bulk in accordance with the ICANN
agreement. |
|
| (iv) |
Domain Name
Disputes. You acknowledge having read and understood and agree
to be bound by the terms and conditions of the following
documents, as they may be amended from time to time, which are
hereby incorporated and made an integral part of this Agreement: |
| |
|
| |
(collectively, the
“Dispute Policies”). |
| (v) |
The Dispute Policy
sets forth the terms and conditions in connection with a dispute
between a Registrant and any party other than the Registry or
Registrar over the registration and use of an Internet domain
name registered by Registrant. |
| (vi) |
The RDRP sets
forth the terms under which any allegation that a domain name is
not used primarily for business or commercial purposes shall be
endorsed on a case-by-case, fact specific basis by an
independent ICANN-accredited dispute provider. |
| (vii) |
For the
adjudication of disputes concerning or arising from use of the
domain name, the Registrant shall submit, without prejudice to
other potentially applicable jurisdictions, to the jurisdiction
of the courts (1) of the Registrant’s domicile, and (2) where
Tucows is located, presently Toronto, Ontario. |
|
|
(e) |
.name
Domains. In the case of a “.name” registration, the following terms
and conditions will apply: |
| |
| (i) |
.name
Restrictions. Registrations in the .name top-level domain must
constitute an individual’s “Personal Name”. For purposes of the
.name restrictions (the “Restrictions”), a “Personal Name” is a
person’s legal name, or a name by which the person is commonly
known. A “name by which a person is commonly known” includes,
without limitation, a pseudonym used by an author or painter, or
a stage name used by a singer or actor. |
| (ii) |
.name
Representations. As a .name domain name registrant, you hereby
represent that: |
| |
|
(A) |
the
registered domain name or second level domain (“SLD”)
e-mail address is your Personal Name. |
|
(B) |
the data
provided in the domain name registration application is
true, correct, up to date and complete and that you will
continue to keep all of the information provided
correct, current and complete, |
|
(C) |
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; |
|
(D) |
that the
domain name is not being registered for nor shall it at
any time whatsoever be used for any unlawful purpose
whatsoever; |
|
(E) |
the
registration satisfies the Eligibility Requirements
found at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
and |
|
(F) |
you have
the authority to enter into this Registration Agreement. |
|
| (iii) |
E-mail
Forwarding Services. The Services for which you have
registered may, at your option, include e-mail forwarding. To
the extent you opt to use e-mail forwarding, you are obliged to
do so in accordance with all applicable legislation and are
responsible for all use of e-mail forwarding, including the
content of messages sent through e-mail forwarding.
You undertake to familiarize yourself with the content of and to
comply with the generally accepted rules for Internet and e-mail
usage. This includes, but is not limited to the Acceptable Use
Policy, available at
http://www.nic.name/downloads/aup.pdf as well as the
following restrictions. Without prejudice to the foregoing, you
undertake not to use e-mail forwarding: |
| |
|
(A) |
to
encourage, allow or participate in any form of illegal
or unsuitable activity, including but not restricted to
the exchange of threatening, obscene or offensive
messages, spreading computer viruses, breach of
copyright and/or proprietary rights or publishing
defamatory material; |
|
(B) |
to gain
illegal access to systems or networks by unauthorized
access to or use of the data in systems or networks,
including all attempts at guessing passwords, checking
or testing the vulnerability of a system or network or
breaching the security or access control without the
sufficient approval of the owner of the system or
network; |
|
(C) |
to
interrupt data traffic to other users, servers or
networks, including, but not restricted to, mail
bombing, flooding, Denial of Service (DoS) attacks,
wilful attempts to overload another system or other
forms of harassment; or |
|
(D) |
for
spamming, which includes, but is not restricted to, the
mass mailing of unsolicited e-mail, junk mail, the use
of distribution lists (mailing lists) which include
persons who have not specifically given their consent to
be placed on such distribution list. Users are not
permitted to provide false names or in any other way to
pose as somebody else when using e-mail forwarding. |
|
| (iv) |
Registry reserves
the right to implement additional anti-spam measures, to block
spam or mail from systems with a history of abuse from entering
Registry’s e-mail forwarding. However, due to the nature of such
systems, which actively block messages, Registry shall make
public any decision to implement such systems a reasonable time
in advance, so as to allow you or us to give feedback on the
decision. |
| (v) |
You understand and
agree that Registry may delete material that does not conform to
clause (c) above or that in some other way constitutes a misuse
of e-mail forwarding. You further understand and agree that
Registry is at liberty to block your access to e-mail forwarding
if you use e-mail forwarding in a way that contravenes this
Agreement. You will be given prior warning of discontinuation of
the e-mail forwarding unless it would damage the reputation of
Registry or jeopardize the security of Registry or others to do
so. Registry reserves the right to immediately discontinue
e-mail forwarding without notice if the technical stability of
e-mail forwarding is threatened in any way, or if you are in
breach of this Agreement. On discontinuing e-mail forwarding,
Registry is not obliged to store any contents or to forward
unsent e-mail to you or a third party. |
| (vi) |
You understand and
agree that to the extent either we and/or Registry is required
by law to disclose certain information or material in connection
with your e-mail forwarding, either we and/or Registry will do
so in accordance with such requirement and without notice to
you. |
| (vii) |
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. You hereby acknowledge that you have read and
understood and agree to be bound by the terms and conditions of
the following documents, as they may be amended from time to
time, which are hereby incorporated and made an integral part of
this Agreement. |
| |
|
| (viii) |
The Eligibility
Requirements dictate that Personal Name domain names and
Personal Name SLD e-mail addresses will be granted on a
first-come, first-served basis. The following categories of
Personal Name Registrations may be registered: (i) the Personal
Name of an individual; (ii) the Personal Name of a fictional
character, if you have trademark or service make rights in that
character’s Personal Name; (iii) in addition to a Personal Name
registration, you may add numeric characters to the beginning or
the end of the Personal Name so as to differentiate it from
other Personal Names. |
| (ix) |
The ERDRP applies
to challenges to (i) registered domain names and SLD e-mail
address registrations within .name on the grounds that a
Registrant does not meet the Eligibility Requirements, and (ii)
to Defensive Registrations (as defined by the Registry) within
.name. |
| (x) |
The UDRP sets
forth the terms and conditions in connection with a dispute
between a Registrant and party other than the Registry or Tucows
over the registration and use of an Internet domain name
registered by a Registrant. |
| (xi) |
For the
adjudication of disputes concerning or arising from use of the
domain name, the Registrant shall submit, without prejudice to
other potentially applicable jurisdictions, to the jurisdiction
of the courts (1) of the Registrant’s domicile, and (2) where
Tucows is located, presently Toronto, Ontario. |
|
32. ccTLD’S
|
(a) |
.at
Domains. In the case of a “.at” registration, the following terms
and conditions will apply: |
| |
| (i) |
Registry Policy.
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.at/en/service/legal_information/terms_conditions/.
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. |
|
|
(b) |
.be
Domains. In the case of a “.be” registration, the following terms
and conditions will apply: |
| |
| (i) |
Registry Policy.
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.dns.be/en/home.php?n=51. 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. |
| (ii) |
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 .be 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.dns.be/en/home.php?n=53. |
|
|
(c) |
.ca
Domains. In the case of a “.ca” registration, the following terms
and conditions will apply: |
| |
| (i) |
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.cira.ca/en/cat_Dpr.html. Please take the time to
familiarize yourself with this policy. |
| (ii) |
Registry Policy.
You agree that your registration of the domain name shall be
subject to suspension, cancellation, or transfer pursuant to any
Registry-adopted policy, or pursuant to any registrar or
registry procedure not inconsistent with a Registry adopted
policy, (1) to correct mistakes by Tucows or the Registry in
registering the name or (2) for the resolution of disputes
concerning the domain name. |
| (iii) |
Transfer of
Ownership. Any transfer of ownership in and to a domain name
registration shall be affected in accordance with registry
policies and procedures. |
| (iv) |
Registry Agreement
and Policy. You acknowledge and understand that by accepting the
terms and conditions of this agreement you shall be bound by the
Registry’s Registrant Agreement, the Registry’s 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.cira.ca/en/doc_Registrar.html. 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 agreement or policy,
your sole remedy is to cancel your domain name registration by
following the appropriate Registry policy regarding such
cancellation. |
| (v) |
You acknowledge
and agree that the Registry shall not be liable to you for any
loss, damage, or expense arising out of the Registry’s failure
or refusal to register a domain name, it’s failure or refusal to
renew a domain name registration, it’s registration of a domain
name, it’s failure or refusal to renew a domain name
registration, it’s renewal of a domain name registration, it’s
failure or refusal to transfer a domain name registration, it’s
transfer of a domain name registration, it’s failure or refusal
to maintain or modify a domain name registration, it’s
maintenance of a domain name registration, it’s modification of
a domain name registration, it’s failure to cancel a domain name
registration or it’s cancellation of a domain name registration
from the Registry; |
|
|
(d) |
.cc
Domains. In the case of a “.cc” registration, the following terms
and conditions will apply: |
| |
| (i) |
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. |
| (ii) |
Registry Policy.
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.enic.cc/en-def-c2689f094aa0/en/policies/policies.shtml.
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.
|
|
|
(e) |
.ch
Domains. In the case of a “.ch” registration, the following terms
and conditions shall apply: |
| |
| (i) |
Registry Policy.
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.switch.ch/id/terms. 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. |
| (ii) |
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 .ch 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.switch.ch/id/disputes/rules. Please take the time
to familiarize yourself with this policy. |
|
|
(f) |
.cn
Domains. In the case of a “.cn” registration, the following terms
and conditions shall apply: |
| |
| (i) |
“Registry” means
the China Internet Network Information Center, which is the
authority responsible for the administration of the national
top-level domain of the People’s Republic of China and the
Chinese domain name system; |
| (ii) |
“Registry Gateway”
means the service provided by the Registry Operator that
facilitates the registration of .cn domain names by registrars
operating outside of the People’s Republic of China; |
| (iii) |
“Registry
Operator“ means Neustar, Inc., the company authorized to
facilitate the registration of .cn domain names by registrars
operating outside of the People’s Republic of China. |
| (iv) |
Restrictions. You
agree that you shall not register or use a domain name that is
deemed by CNNIC to: |
| |
|
(A) |
be against
the basic principles prescribed in the Constitution of
the Peoples Republic of China (“PRC”); |
|
(B) |
jeopardize
national security, leak state secrets, intend to
overturn the government or disrupt the integrity of the
PRC; |
|
(C) |
harm
national honour and national interests of the PRC; |
|
(D) |
instigate
hostility or discrimination between different
nationalities or disrupt the national solidarity of the
PRC; |
|
(E) |
spread
rumours, disturb public order or disrupt social
stability of the PRC; |
|
(F) |
spread
pornography, obscenity, gambling, violence, homicide,
terror or instigate crimes in the PRC; |
|
(G) |
insult,
libel against others and infringe other people’s legal
rights and interests in the PRC; or |
|
(H) |
take any
other action prohibited in laws, rules and
administrative regulations of the PRC. |
|
| (v) |
Business or
Organization Representation. .cn domain name registrations are
intended for businesses and organizations and not for individual
use. By registering a .cn name, you accordingly represent that
you have registered the domain name on behalf or a business or
organization. It should be noted that, although .cn policy is
permissive in terms of registration, and enforcement is
generally in reaction to a complaint (as opposed to proactive
review), registrations that are not associated with an
organization or business may be subject to deletion. The
foregoing prevents an individual from registering a .cn domain
name for a business operating as a sole proprietorship. |
| (vi) |
Domain Name
Disputes. You acknowledge having read and understood and agree
to be bound by the terms and conditions of the CNNIC Domain Name
Dispute Policy & Rules for CNNIC Dispute Resolution Policy
(“Dispute Policy”), as they may be amended from time to time,
which are hereby incorporated and made an integral part of this
Agreement. The Dispute Policy is currently found at:
http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm. |
| (vii) |
You acknowledge
that, pursuant to the Dispute Policy, Registrars must comply
with all reasonable requests from the applicable domain name
dispute resolution institutions including the provision of all
relevant evidence in any domain name disputes in the specified
time frames. |
| (viii) |
If we are notified
that a complaint has been filed with a judicial or
administrative body regarding your use of our domain name
registration services, you agree not to make any changes to your
domain name record without our prior approval. We may not allow
you to make changes to such domain name record until (i) we are
directed to do so by the judicial or administrative body, or
(ii) we receive notification by you and the other party
contesting your registration and use of our domain name
registration services that the dispute has been settled.
Furthermore, you agree that if you are subject to litigation
regarding your registration and use of our domain name
registration services, we may deposit control of your domain
name record into the registry of the judicial body by supplying
a party with a registrar certificate from us. |
| (ix) |
Adherence to
Policies. You agree to comply with all applicable laws,
regulations and policies of the Peoples Republic of China’s
governmental agencies and the China Internet Network Information
Centre (“CNNIC”), including but not limited to the following
rules and regulations: |
| |
|
| |
You acknowledge
that you have read and understood and agree to be bound by the
terms and conditions of the policies of the CNNIC, as they may
be amended from time to time. |
| (x) |
Suspension and
Cancellation. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or transfer
pursuant to any Tucows, Registry Operator, CNNIC or
government-adopted policy, or pursuant to any registrar or
registry procedure not inconsistent with a CNNIC or
government-adopted policy, (1) to correct mistakes by a party in
registering the name, (2) for the resolution of disputes
concerning the domain name, (3) to protect the integrity and
stability of the registry, (4) to comply with any applicable
laws, government rules or requirements, requests of aw
enforcement, (5) to avoid any liability, civil or criminal, on
the part of Tucows, Registry Operator or CNNIC, as well as their
affiliates, subsidiaries, directors, representatives, employees
and stockholders or (6) for violations of this Agreement.
Tucows, Registry Operator and CNNIC also reserve the right to
“freeze” a domain name during the resolution of a dispute.
|
| (xi) |
Jurisdiction. For
the adjudication of disputes concerning or arising from use of
the domain name, the Registrant shall submit, without prejudice
to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant’s domicile, (2)
where Tucows is located, and (3) the People’s Republic of China. |
| (xii) |
Governing Law. For
the adjudication of a dispute concerning or arising from use of
a .cn domain, such dispute will be governed under the Laws of
the Peoples Republic of China. |
|
|
(g) |
.de
Domains. In the case of a “.de” registration, the following terms
and conditions will apply: |
| |
| (i) |
Selection of a
Domain Name. You represent that: |
| |
|
(A) |
you have
reviewed and have accepted the Registry’s Terms and
Conditions and the Registry’s Guidelines and have
provided your Reseller with written confirmation of
same;you have reviewed and have accepted the Registry’s
Terms and Conditions and the Registry’s Guidelines and
have provided your Reseller with written confirmation of
same; |
|
(B) |
either
you, or the person designated as the administrative
contact for the domain name, shall be resident or shall
have a branch in Germany; |
|
(C) |
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. |
|
| (ii) |
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 by the Registry or any court
of law. 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 specified by the Registry
or any court of law. |
| (iii) |
Registry Policies.
You agree to be bound by the Registry’s Registration Terms and
Conditions and the Registration Guidelines. English language
translations of the Registry’s documents are provided for
convenience; in the event of a discrepancy between the English
and the German language agreements, the terms of the German
agreement will prevail. The Registry documents may be found at: |
| |
|
|
|
(h) |
.eu
domains. In the case of a “.eu” registration, the following terms
and conditions will apply: |
| |
| (i) |
Eligibility
Criteria. .eu domain names are available for registration to
companies and persons who fulfill the following criteria. As a
condition of registration, you accordingly represent that you
are: |
| |
|
(A) |
an
undertaking having its registered office, central
administration or principal place of business within the
European Community; |
|
(B) |
an
organization established within the European Community
without prejudice to the application of national law, or
|
|
(C) |
a natural
person resident within the European Community.
|
|
| (ii) |
Registry Policy.
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.
Registration policies of the Registry and the terms and
conditions applicable to your .eu registration may be found at:
http://www.eurid.eu/en/general/launch. 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. |
| (iii) |
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 by the Registry or any court
of law. |
|
|
(i) |
.fr
Domains. In the case of a “.fr” registration, the following terms
and conditions will apply: |
| |
| (i) |
Representation of
Registrant. .fr domain names are available for registration to
companies and persons who fulfill the following criteria. As a
condition of registration, you accordingly represent that you
are: |
| |
|
(A) |
A legal
entity: |
| |
|
(I) |
whose head office is in France; (or), |
|
(II) |
which possess an address in France which is
expressly listed in the public electronic
databases of the registrars of the commercial
courts or the National Statistical and Economic
Studies Institute (INSEE), (or), |
|
(III) |
State institutions or departments, local
authorities or associated establishments, (or), |
|
(IV) |
which own a trademark registered with the
National Intellectual Property Institute or own
a registered EU or international trademark which
expressly includes French territory. |
|
|
(ii) |
Administrative Contact. Each registrant must designate
an administrative contact to act as a coordinator
between the registrant and the Registry. In the case of
.fr registrations, the administrative contact must be
based in France where it can receive legal and other
documents. |
|
(iii) |
Registry
Policies. You agree to be bound by the Registry’s Naming
Charter, its registration rules for .fr. English
language translations of the Registry’s documents are
provided for convenience. The Registry documents may be
found at: www.afnic.fr/obtenir/chartes/nommage-fr. |
|
(iv) |
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
by the Registry or any court of law. The current .fr
dispute resolution policy and procedures can be found at
http://www.afnic.fr/doc/ref/juridique/parl. 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 specified
by the Registry or any court of law. |
|
| (j) |
.it Domains.
In the case of a “it” registration, the following terms and
conditions shall apply: |
| |
|
(i) |
Registration Criteria. Registration of an .it name is
restricted to subjects belonging to a member state of
the European Union. Individuals and associations
operating without a VAT number or a fiscal code are
limited to a single domain name registration.
|
|
(ii) |
Registry
Policy. 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.it/NA/regole-naming-curr-engl.txt.
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. Additional policies,
including transfer procedures and “netiquette” rules may
be found at
http://www.nic.it/NA/index-engl.html. |
|
| (k) |
.nl Domains.
In the case of a “.nl” registration, the following terms and
conditions shall apply: |
| |
|
(i) |
Registration Criteria. Registration of a .nl domain name
is unrestricted save and except that applicants who are
not based in the Netherlands or who do not have a
registered address in the Netherlands must provide an
address in the Netherlands where written documents can
be sent to the applicant and where legal summonses can
be served. |
|
(ii) |
Registry
Policies. You agree to be bound by the policies of the
Registry including but not limited to the Registry’s
Registration Regulations. English language translations
of the Registry’s documents are provided for convenience
and may be found at:
http://www.sidn.nl/ace.php/c,728,2679,,,,Regulations_for
_registration_of_nl_domain_names.html.
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 by the
Registry or any court of law. The current .nl dispute
resolution policy and procedures can be found at
http://www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations
_for_arbitration_on_.nl_domain_names/index.html.
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 specified
by the Registry or any court of law. |
|
| (l) |
.tv Domains.
In the case of a “.tv” registration, the following terms and
conditions will apply: |
| |
|
(i) |
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.icann.org/dndr/udrp/policy.htm. Please
take the time to familiarize yourself with this policy. |
|
(ii) |
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.
|
|
| (m) |
.uk Domains.
In the case of a .uk registration, the following terms and
conditions will apply: |
| |
|
(i) |
“Nominet
UK” means the entity granted the exclusive right to
administer the registry for .uk domain name
registrations. |
|
(ii) |
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.nominet.org.uk/disputes/. Please take the
time to familiarize yourself with this policy.
|
|
(iii) |
Nominet UK
Policy. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or
transfer pursuant to any Nominet UK-adopted policy, term
or condition, or pursuant to any registrar or registry
procedure not inconsistent with an Nominet UK-adopted
policy, (1) to correct mistakes by a registrar or the
registry in registering the name, or (2) for the
resolution of disputes concerning the domain name. The
current Nominet UK terms and conditions can be found at:
http://www.nominet.org.uk/registrants/legal/terms/.
When you submit a request for a domain name registration
with Tucows and/or Reseller, you will be entering into
two contracts – one contract with Tucows and/or Reseller
and one contract with Nominet UK.
Tucows and your Reseller will act as agents on your
behalf by submitting your application to Nominet for
you, however, you will still be entering into a direct
contract between you and Nominet UK. This is a separate
contract from this agreement; may be found at
http://resellers.tucows.com/contracts/uk/ukterms.
Tucows and Reseller must also make you aware that by
accepting Nominet’s terms and conditions you are
consenting to Nominet using your personal data for a
variety of reasons. In particular, your name and address
may be published as part of Nominet’s Whois look-up
service. |
|
(iv) |
Transfer
of Ownership. Any transfer of ownership in and to a
domain name registration shall be affected in accordance
with Nominet UK policies and procedures. |
|
| (n) |
.us Domains.
In the case of a “.us” registration, the following terms and
conditions will apply: |
| |
|
(i) |
“DOC”
means the United States of America Department of
Commerce. |
|
(ii) |
“.us Nexus
Requirement”. Only those individuals or organizations
that have a substantive lawful connection in the United
States are permitted to register for .usTLD domain
names. Registrants in the .usTLD must satisfy the nexus
requirement (“Nexus” or “Nexus Requirements”) set out
at:
http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf. |
|
(iii) |
Selection
of a Domain Name. You certify and represent that: |
| |
|
(A) |
You have and shall continue to have, a bona fide
presence in the United States on the basis of
real and substantial lawful contacts with, or
lawful activities in, the United States as
defined in Section (ii) hereinabove;
|
|
(B) |
The listed name servers are located within the
United States; |
|
(C) |
The data provided in the domain name
registration application is true, correct, up to
date and complete, and that you will continue to
keep all of the information provided correct,
up-to-date and complete; |
|
(D) |
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; |
|
(E) |
That the domain name is not being registered for
nor shall it at any time whatsoever be used for
any unlawful purpose whatsoever; |
|
(E) |
You have the authority to enter into this
Registration Agreement. |
|
|
(iv) |
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 and the usDRP, as defined below, that is
incorporated herein and made a part of this Agreement by
reference. Please take the time to familiarize yourself
with these policies. |
|
(v) |
Domain
Name Disputes. You acknowledge having read and
understood and agree to be bound by the terms and
conditions of the following documents, as they may be
amended from time to time, which are hereby incorporated
and made an integral part of this Agreement:
|
| |
|
(A) |
The Nexus Dispute Policy (“Dispute Policy),
available at:
http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf.
The Dispute Policy will provide interested
parties with an opportunity to challenge a
registration not complying with the Nexus
Requirements. |
|
(B) |
The usTLD Dispute Resolution Policy (“usDRP”)
available at:
http://www.neustar.us/policies/docs/usdrp.pdf.
The usDRP is intended to provide interested
parties with an opportunity to challenge a
registration based on alleged trademark
infringement. |
|
(C) |
In
addition to the foregoing, you agree that, for
the adjudication of disputes concerning or
arising from use of the Registered Name, you
shall submit, without prejudice to other
potentially applicable jurisdictions, to the
jurisdiction of the courts (i) of your domicile,
(ii) where Tucows is located, and (iii) the
United States. |
|
|
(vi) |
Policy.
You agree that your registration of the domain name
shall be subject to suspension, cancellation, or
transfer pursuant to any Tucows, Registry Operator, the
DOC or government-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent with a
DOC 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. The Registry Operator’s
policies can be found at
http://www.neustar.us/policies. |
|
(vii) |
Indemnity.
The DOC shall be added to the parties you have agreed to
indemnify in Section 13 hereinabove. |
|
(viii) |
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:
|
| |
|
(A) |
Your full name, postal address, e-mail address
and telephone number and fax number (if
available) (or, if different, that of the domain
name holder); |
|
(B) |
The domain name being registered; |
|
(C) |
The name, postal address, e-mail address, and
telephone number and fax number (if available)
telephone numbers of the administrative contact,
the technical contact and the billing contact
for the domain name; |
|
(D) |
The IP addresses and names of the primary
nameserver and any secondary nameserver(s) for
the domain name; |
|
|
(ix) |
In
addition to the foregoing, you will be required to
provide additional Nexus Information. The Nexus
Information requirements are set out at
http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
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
Reseller. |
|
(x) |
Disclosure
and Use of the Registration Information. You agree and
acknowledge that we will make domain name registration
information you provide available to the DOC, to the
Registry Operator, 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 the DOC 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 Reseller.
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.
|
33. WHOIS PRIVACY SERVICE. The
following terms and conditions will apply if you subscribe to the Whois
Privacy Service:
| (a) |
Subscribers to the
Whois Privacy Service have elected to include the following
information in the publicly available Whois Registry: |
| |
|
(i) |
Contactprivacy.com shall appear as the Registrant and
Contacts name(s); |
|
(ii) |
Tucows’
postal address and a Tucows assigned email address and
telephone number shall appear on behalf of the
Registrant and the Contact(s); |
|
(iii) |
The
primary and secondary nameservers shall be those
designated by the Registrant; |
|
(iv) |
The
original date of registration and the expiration of each
domain name; |
|
(v) |
Tucows
will be identified as the registrar of record. |
|
| (b) |
You understand and
agree that the Registrant and Contact Information that you have
provided will be kept on file. You further agree and warrant
that you will ensure that the Whois Information is true,
accurate and up to date. |
| (c) |
You will will
retain complete control over the domain name and its
registration records and may suspend and reinstate the Whois
Privacy Service at your discretion. |
| (d) |
The Whois Privacy
Service may be used with both new and existing domain name
registrations. You may use the Whois Privacy Service with
respect to a domain name that has been transferred but it will
only commence after the transfer has been completed. If you wish
to transfer the domain name to a different registrar,the Whois
Privacy Service must be disabled in order to initiate the
transfer. |
| (e) |
We will send all
obligatory renewal and transfer related messages to the Contacts
you have designated. |
| (f) |
Communications
Forwarding. Communications received with respect to a particular
domain name registration will be handled as follows: |
| |
|
(i) |
We will
forward to you or a Contact all correspondence received
by registered mail or traceable courier. This
information may be opened, scanned and emailed to you or
your Contact.. Regular postal mail will be discarded or
returned to sender at our discretion. |
|
(ii) |
Email
correspondence will be forwarded according to the
instructions of the Registrant as they appear in our
records. |
|
(iii) |
A voice
mail message will advise all callers that inbound
messages will not be accepted; calls will be directed to
the contactprivacy.com web site where written messages
will be forwarded according to your instructions.
|
|
(iv) |
We will
only be responsible for forwarding communications where
our details have appeared in the whois and when your
Whois Information is accurate, complete and up to date. |
|
| (g) |
Right to Suspend
and Disable. We shall have the right, at our sole discretion and
without liability to you or any of your Contacts, suspend or
cancel your domain name and to reveal Registrant and Contact
Whois Information in certain circumstances, including but not
limited to the following: |
| |
|
(i) |
when
required by law; |
|
(ii) |
in the
good faith belief that disclosure is necessary to
further determination of an alleged breach of a law; |
|
(iii) |
to comply
with a legal process served upon Tucows; |
|
(iv) |
to resolve
any and all third | | | |
