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11/19/09 11:30 AM: Update for Customers with Comptche Orders Due on 11/10/09:
DSL is now working for many customers in the Comptche area. At this point we believe that everyone's DSL service should be working. We'd like to confirm the status of every customer. If you have not been contacted by MCN staff, please send an e-mail to manager@mcn.org or call the MCN office at 937-1444 and let us know if your DSL service is working.
MCN Now Taking DSL Orders in Comptche:MCN is now accepting orders for DSL service in Comptche. Please visit our MCN DSL information page for more information or call MCN at 937-1444. |
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SCHEDULE A
.cn Registration Agreement
1. AGREEMENT. In this Registration Agreement ("Agreement")
"Registrant", "you" and "your" refer to the registrant of each domain
name registration, "we", "us" and "our" refer to Tucows Inc., "Registry
Operator" refers to NeuStar, Inc., "CNNIC" refers to the China Network
Information Centre, and "Services" refers to the domain name
registration provided by us as offered through
____________________________ ("Reseller"). This Agreement explains our
obligations to you, and explains your obligations to us for various
Services.
2. REPRESENTATIONS AND WARRANTIES. You certify and represent that:
(a) You have supplied all of the information required in the domain
name registration application ("Application") and further, that the
data provided in the 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) You have the requisite power and authority to enter into this
Registration Agreement and to perform the obligations hereunder.
3. BUSINESS OR ORGANIZATION REPRESENTATION. The .cn top-level
domain space is intended for businesses and organizations and not for
individual use. By registering a .cn domain name, you hereby represent
that you have registered the domain name on behalf of a business or
organization.
4. 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.
5. 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: (i) China Internet Domain Name
Regulations (currently at http://www.cnnic.net.cn/ruler/20.shtml); (ii) CNNIC Detailed Rules of Internet Domain Name Registration Administration (currently at http://www.cnnic.net.cn/ruler/16.shtml); (iii) CNNIC Domain Name Dispute Resolution Policy (currently at http://www.cnnic.net.cn/doc/e-10.shtml); and (iv) Rules for CNNIC Domain Name Dispute Resolution Policy (currently at http://www.cnnic.net.cn/doc/e-9.shtml).
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.
6. FEES. As consideration for the Services you have selected,
you agree to pay Reseller 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.
7. 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, 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.
8. 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 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 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. We will not refund any
fees paid by you if you terminate your agreement with us.
9. MODIFICATIONS TO YOUR ACCOUNT. You shall maintain your own
records appropriate to document and prove the initial registration date
of the domain name. 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.
10. 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")s, 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/ruler/20.shtml and http://www.cnnic.net.cn/doc/e-10.shtml.
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.
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.
11. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You acknowledge
that the Dispute Policy may be modified from time to time. Any such
revised policy on our Web site at least fourteen (14) calendar days
before it becomes effective. You agree that, by maintaining the
registration of your domain name after modifications to the Dispute
Policy become effective, you have agreed to these modifications. You
acknowledge that if you do not agree to any such modification, you may
terminate this Agreement. We will not refund any fees paid by you if
you terminate your Agreement with us.
12. 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.
13. 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. You acknowledge and agree that
the domain name has not been registered solely for the purposes of
selling, trading or leasing for compensation and will be used for a
business or commercial purpose.
14. 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.
15. 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
miss-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.
16. INDEMNITY. You agree to release, indemnify, and hold
Tucows, the Registry Operator, CNNIC, our respective contractors,
agents, employees, officers, directors, affiliates and third party
beneficiaries 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. This indemnification
obligation will survive the termination or expiration of this
agreement.
17. 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 may 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.
You acknowledge that you will not be entitled to change registrars
during the first sixty (60) days following the registration of your
domain name.
18. BREACH. You agree that failure to abide by any provision of
this Agreement may be considered by us to be a material breach and that
we may provide a written notice, describing the breach, to you. If 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.
19. 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.
20. 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. If you
license use of the domain name, you nonetheless agree that you shall
accept any and all liability for any harm caused by said licensed use
and suffered by Tucows, the Registry Operator and/or CNNIC. 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.
21. 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.
22. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree
and acknowledge that we will make domain name registration information
you provide available to CNNIC, 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 CNNIC 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.
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 CNNIC,
Registry Operator policy or pursuant to any applicable laws and
regulations. The parties shall take commercially reasonable steps to
protect Personal Data from loss, misuse, unauthorized disclosure,
alteration or destruction. Neither Tucows nor Registry Operator make
any representations as to how CNNIC uses, accesses or corrects any
Personal Data it receives from the Registry Operator.
23. INACCURATE OR UNRELIABLE DATA. You hereby represent and
warrant that 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 the information provided up to date. Your wilful
or negligent 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. No refunds
shall be made if a domain name is deleted as a result of enforcement of
this provision.
24. RIGHT OF REFUSAL. We, and/or Registry Operator, 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 following
registration if we believe the registration has been made possible by a
mistake, made either by us or by a third party. We also reserve the
right to suspend a domain name during resolution of a dispute.
25. 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.
26. NON-AGENCY. Nothing contained in this Agreement or the
Dispute Policies shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties.
27. 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.
28. 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 be given when an electronic confirmation of
delivery has been obtained by the sender. In the case of e-mail,
notifications must be sent to us at lhutz@tucows.com,
or in the case of notification to you, to the e-mail address provided
by you in your WHOIS record. Any e-mail communication shall be deemed
to have been validly and effectively given on the date of such
communication, if such date is a business day and such delivery was
made prior to 4:00 p.m. EST, otherwise it will be deemed to have been
delivered on the next business day. In the case of regular mail notice,
valid notice shall be deemed to have been validly and effectively given
5 business days after the date of mailing and, in the case of
notification to us or to Reseller 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.
29. ENTIRETY. You agree that this Agreement, the rules and
policies published by Tucows, CNNIC and/or the Registry Operator 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.
30. GOVERNING LAW. SAVE AND EXCEPT AS NOTED BELOW, THIS
AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE
LAWS OF THE PROVINCE OF ONTARIO CANADA.
Notwithstanding the foregoing, for the adjudication of disputes
concerning or arising from use of the registered domain name, you shall
submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the
Registrant's domicile, (2) where Registrar is located, and 3) the
People's Republic of China.
For the adjudication of a dispute concerning or arising from
use of the domain name, such dispute shall be governed under the Laws
of the Peoples Republic of China.
31. INFANCY. You attest that you are of legal age to enter into this Agreement.
32. 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.
33. 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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