TUCOWS .INFO domain APPLICATION SERVICE TERMS OF USE
1.
AGREEMENT. In this Registration Agreement ("Agreement") "you" and
"your" refer to the registrant of each domain name registration, "we",
“us" and "our" refer to TUCOWS Inc. and “Services” refers to the domain
name registration provided by us as offered through (“RSP”). This
Agreement explains our obligations to you, and explains your
obligations to us for various Services. If you are registering your
name during the finite period of time when owners of trademarks and
service marks issued prior to October 2, 2000 and having national
effect will have the exclusive opportunity to register identical domain
names (“Sunrise Period”), you agree to comply with the procedures,
terms and obligations. You acknowledge and agree that registrations for
domain names during the Sunrise Period will only be accepted for a
minimum registration term of five (5) years.
2.
SELECTION OF A DOMAIN NAME. You represent that, to the best of the your
knowledge and belief, neither this registration of a domain name nor
the manner in which it is directly or indirectly to be used infringes
upon the legal rights of a third party and, further, that the domain
name is not being registered for nor shall it at any time whatsoever be
used for any unlawful purpose whatsoever.
3.
FEES. As consideration for the Services you have selected, you agree to
pay the RSP the applicable service 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.
4.
TERM. This Agreement shall remain in full force during the length of
the term of your domain name registration(s) as selected, recorded, and
paid for upon registration of the domain name. Should you choose to
renew or otherwise lengthen the term of your domain name registration,
then the term of this Registration Agreement shall be extended
accordingly. Should the domain name be transferred to another
Registrar, the terms and conditions of this contract shall cease.
5.
MODIFICATIONS TO AGREEMENT. You agree that we may: (1) revise the terms
and conditions of this Agreement; and (2) change the services provided
under this Agreement. You agree to be bound by any such revision or
change will which shall be effective immediately upon posting on our
web site or upon notification to you by e-mail or your country’s postal
service pursuant to the Notices section of this Agreement. You agree to
review this Agreement as posted on our web site periodically to
maintain an awareness of any and all such revisions. If you do not
agree with any revision to the Agreement, you may terminate this
Agreement at any time by providing us with notice by e-mail or postal
service pursuant to the Notices section of this Agreement. Notice of
your termination shall be effective after processing by us. You agree
that, by continuing the use of Services following notice of any
revision to this Agreement or change in service(s), you shall be bound
by any such revisions and changes. If you have registered your name
during the Sunrise Period, you agree to be bound by the Sunrise Dispute
Resolution Policy (“Sunrise Dispute Policy”) found at
(http://www.afilias.com/faq/sunrise-challenge.html). You further agree
to be bound by the ICANN Uniform Dispute Resolution Policy (“Dispute
Policy”) as presently written and posted on
http://www.opensrs.org/legal/udrp.shtml and as shall be amended from
time to time. You acknowledge that if you do not agree to any such
modifications, you may request that your domain name be deleted from
the domain name database.
6.
MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account
information with us, you must use your Account Identifier and Password
that you selected when you opened your account with us. You agree to
safeguard your Account Identifier and Password from any unauthorized
use. In no event shall we be liable for the unauthorized use or misuse
of your Account Identifier or Password.
7.
DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name
through us, or transferred a domain name to us from another registrar,
you agree to be bound by the Dispute Policies that are incorporated
herein and made a part of this Agreement by reference. The current
version of the general registration Dispute Policy may be found at
http://www.opensrs.org/legal/udrp.shtml. Please take the time to
familiarize yourself with this policy.
8.
DOMAIN NAME DISPUTES. You agree that, if the registration or
reservation of your domain name is challenged by a third party, you
will be subject to the provisions specified in the Sunrise Dispute
Policy or the Dispute Policy, as applicable. 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 Sunrise Dispute Policy or Dispute Policy, as
applicable.
9.
POLICY. You agree that your registration of the domain name shall be
subject to suspension, cancellation, or transfer pursuant to a Tucows,
Registry Operator, ICANN or government-adopted policy, or pursuant to
any registrar or registry procedure not inconsistent with a Tucows,
Registry Operator, ICANN or government-adopted policy, (1) to correct
mistakes by us or the Registry in registering the name or (2) for the
resolution of disputes concerning the domain name.
10.
AGENCY. Should you intend to license use of a domain name to a third
party you shall nonetheless be the domain name holder of record and are
therefore responsible for providing your own full contact information
and for providing and updating accurate technical and administrative
contact information adequate to facilitate timely resolution of any
problems that arise in connection with the domain name. You shall
accept liability for harm caused by wrongful use of the domain name.
You represent that you have provided notice of the terms and conditions
in this Agreement to a third party licensee and that the third party
agrees to the terms hereof.
11.
ANNOUNCEMENTS. We reserve the right to distribute information to you
that is pertinent to the quality or operation of our services and those
of our service partners. These announcements will be predominately
informative in nature and may include notices describing changes,
upgrades, new products or other information to add security or to
enhance your identity on the Internet.
12.
LIMITATION OF LIABILITY. You agree that our entire liability, and your
exclusive remedy, with respect to any Services(s) provided under this
Agreement and any breach of this Agreement is solely limited to the
amount you paid for such Service(s). Neither we nor our contractors or
third party beneficiaries shall be liable for any direct, indirect,
incidental, special or consequential damages resulting from the use or
inability to use any of the Services or for the cost of procurement of
substitute services. Because some jurisdictions do not allow the
exclusion or limitation of liability for consequential or incidental
damages, in such jurisdictions, our liability is limited to the extent
permitted by law. We disclaim any and all loss or liability resulting
from, but not limited to: (1) loss or liability resulting from access
delays or access interruptions; (2) loss or liability resulting from
data non-delivery or data 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.
13.
INDEMNITY. You agree to release, indemnify, and hold us, our
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.
14.
TRANSFER OF OWNERSHIP. The person named as registrant at the time the
user name and password are secured shall be the owner of the domain
name. You agree that prior to transferring ownership of your domain
name to another person (the Transferee") you shall require the
Transferee to agree in writing to be bound by all the terms and
conditions of this Agreement. Your domain name will not be transferred
until we receive such written assurances or other reasonable assurance
that the Transferee has been bound by the contractual terms of this
Agreement (such reasonable assurance as determined by us in our sole
discretion) 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.
15.
BREACH. You agree that failure to abide by any provision of this
Agreement, any operating rule or policy or the Dispute Policy provided
by us, may be considered by us to be a material breach and that we may
provide a written notice, describing the breach, to you. If within
thirty (30) calendar days of the date of such notice, you fail to
provide evidence, which is reasonably satisfactory to us, that you have
not breached your obligations under the Agreement, then we may delete
the registration or reservation of your domain name. Any such breach by
you shall not be deemed to be excused simply because we did not act
earlier in response to that, or any other breach by you.
16.
NO GUARANTY. You acknowledge that registration or reservation of your
chosen domain name does not confer immunity from objection to either
the registration, reservation, or use of the domain name.
17.
DISCLAIMER OF WARRANTIES. You agree that your use of our Services is
solely at your own risk. You agree that such Service(s) is provided on
an "as is", "as available" basis. We expressly disclaim all warranties
of any kind, whether express or implied, including but not limited to
the implied warranties of merchantability, fitness for a particular
purpose and non-infringement. We make no warranty that the Services
will meet your requirements, or that the Service(s) will be
uninterrupted, timely, secure, or error free; nor do we make any
warranty as to the results that may be obtained from the use of the
Service(s) or as to the accuracy or reliability of any information
obtained through the Service or that defects in the Service will be
corrected. You understand and agree that any material and/or data
downloaded or otherwise obtained through the use of Service is done at
your own discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that results
from the download of such material and/or data. We make no warranty
regarding any goods or services purchased or obtained through the
Service or any transactions entered into through the Service. No advice
or information, whether oral or written, obtained by you from us or
through the Service shall create any warranty not expressly made herein.
18.
INFORMATION. As part of the registration process, you are required to
provide us certain information and to update us promptly as such
information changes such that our records are current, complete and
accurate. You are obliged to provide us the following information:
(i)
Your name and postal address (or, if different, that of the domain name
holder);
(ii) The domain name being registered;
(iii)
The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the administrative contact for the
domain name;
(iv)
The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the billing contact for the domain name.
Any other information, which we request from you at registration, is
voluntary. Any voluntary information we request is collected for the
purpose of improving the products and services offered to you through
your RSP.
19.
DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and
acknowledge that we will make domain name registration information you
provide available to ICANN, to the registry administrators, and to
other third parties as applicable. You further agree and acknowledge
that we may make publicly available, or directly available to third
party vendors, some, or all, of the domain name registration
information you provide, for purposes of inspection (such as through
our WHOIS service) or other purposes as required or permitted by ICANN
and applicable laws.
You hereby consent to any and all such disclosures and use of
information provided by you in connection with the registration of a
domain name (including any updates to such information), whether during
or after the term of your registration of the domain name. You hereby
irrevocably waive any and all claims and causes of action you may have
arising from such disclosure or use of your domain name registration
information by us.
You may access your domain name registration information in our
possession to review, modify or update such information, by accessing
our domain manager service, or similar service, made available by us
through your RSP.
We will not process data about any identified or identifiable natural
person that we obtain from you in a way incompatible with the purposes
and other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information we
obtain from you from our loss, misuse, unauthorized accessor
disclosure, alteration or destruction of that information.
20.
REVOCATION. Your wilful provision of inaccurate or unreliable
information, your wilful failure promptly to update information
provided to us, or your failure to respond for over fifteen (15)
calendar days to inquiries by us concerning the accuracy of contact
details associated with the your registration shall constitute a
material breach of this Agreement and be a basis for cancellation of
the domain name registration.
21.
RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to
refuse to register or reserve your chosen domain name or register you
for other Services. In the event we do not register or reserve your
domain name or register you for other Services, or we delete your
domain name or other Services within such thirty (30) calendar day
period, we agree to refund your applicable fee(s). You agree that we
shall not be liable to you for loss or damages that may result from our
refusal to register, reserve, or delete your domain name or register
you for other Services.
We reserve the right to delete or transfer your domain name within a
thirty (30) day period following registration if we believe the
registration has been made possible by a mistake, made either by us or
by a third party. We also reserve the right to suspend a domain name
during resolution of any dispute.
22.
SEVERABILITY. You agree that the terms of this Agreement are severable.
If any term or provision is declared invalid or unenforceable, that
term or provision will be construed consistent with applicable law as
nearly as possible to reflect the original intentions of the parties,
and the remaining terms and provisions will remain in full force and
effect.
23.
NON-AGENCY. Nothing contained in this Agreement or the Dispute Policies
shall be construed as creating any agency, partnership, or other form
of joint enterprise between the parties.
24.
NON-WAIVER. Our failure to require performance by you of any provision
hereof shall not affect the full right to require such performance at
any time thereafter; nor shall the waiver by us of a breach of any
provision hereof be taken or held to be a waiver of the provision
itself.
25.
NOTICES. Any notice, direction or other communication given under this
Agreement shall be in writing and given by sending it via e-mail or via
postal service. In the case of e-mail, valid notice shall only have
been deemed to have been given when an electronic confirmation of
delivery has been obtained by the sender. In the case of e-mail,
notifications must be sent to us at
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
, or in the case of
notification to you, to the e-mail address provided by you in your
WHOIS record. Any e-mail communication shall be deemed to have been
validly and effectively given on the date of such communication, if
such date is a business day and such delivery was made prior to 4:00
p.m. EST, otherwise it will be deemed to have been delivered on the
next business day. In the case of regular mail notice, valid notice
shall be deemed to have been validly and effectively given 5 business
days after the date of mailing and, in the case of notification to us
or to RSP shall be sent to:
Our address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
Attention: Legal Affairs
and in the case of notification to you shall be to the address specified in the “Administrative Contact” in your WHOIS record.
26.
ENTIRETY. You agree that this Agreement, the rules and policies
published by us and the Dispute Policy are the complete and exclusive
agreement between you and us regarding our Services. This Agreement and
the Dispute Policy supersede all prior agreements and understandings,
whether established by custom, practice, policy or precedent.
27.
GOVERNING LAW. This Agreement shall be governed by and interpreted and
enforced in accordance with the LAWS OF Province of ontario and the
FEDERAL LAWS OF canada applicable therein without reference to rules
governing choice of laws. Any action relating to this Agreement must be
brought in ontario and you irrevocably consent to the jurisdiction of
such courts.
28.
INFANCY. You attest that you are of legal age to enter into this
Agreement.
29.
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.
TUCOWS .INFO domain APPLICATION SERVICE TERMS OF USE
1.
AGREEMENT. In this Registration Agreement ("Agreement") "you" and
"your" refer to the registrant of each domain name registration, "we",
“us" and "our" refer to TUCOWS Inc. and “Services” refers to the domain
name registration provided by us as offered through (“RSP”). This
Agreement explains our obligations to you, and explains your
obligations to us for various Services. If you are registering your
name during the finite period of time when owners of trademarks and
service marks issued prior to October 2, 2000 and having national
effect will have the exclusive opportunity to register identical domain
names (“Sunrise Period”), you agree to comply with the procedures,
terms and obligations. You acknowledge and agree that registrations for
domain names during the Sunrise Period will only be accepted for a
minimum registration term of five (5) years.
2.
SELECTION OF A DOMAIN NAME. You represent that, to the best of the your
knowledge and belief, neither this registration of a domain name nor
the manner in which it is directly or indirectly to be used infringes
upon the legal rights of a third party and, further, that the domain
name is not being registered for nor shall it at any time whatsoever be
used for any unlawful purpose whatsoever.
3.
FEES. As consideration for the Services you have selected, you agree to
pay the RSP the applicable service 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.
4.
TERM. This Agreement shall remain in full force during the length of
the term of your domain name registration(s) as selected, recorded, and
paid for upon registration of the domain name. Should you choose to
renew or otherwise lengthen the term of your domain name registration,
then the term of this Registration Agreement shall be extended
accordingly. Should the domain name be transferred to another
Registrar, the terms and conditions of this contract shall cease.
5.
MODIFICATIONS TO AGREEMENT. You agree that we may: (1) revise the terms
and conditions of this Agreement; and (2) change the services provided
under this Agreement. You agree to be bound by any such revision or
change will which shall be effective immediately upon posting on our
web site or upon notification to you by e-mail or your country’s postal
service pursuant to the Notices section of this Agreement. You agree to
review this Agreement as posted on our web site periodically to
maintain an awareness of any and all such revisions. If you do not
agree with any revision to the Agreement, you may terminate this
Agreement at any time by providing us with notice by e-mail or postal
service pursuant to the Notices section of this Agreement. Notice of
your termination shall be effective after processing by us. You agree
that, by continuing the use of Services following notice of any
revision to this Agreement or change in service(s), you shall be bound
by any such revisions and changes. If you have registered your name
during the Sunrise Period, you agree to be bound by the Sunrise Dispute
Resolution Policy (“Sunrise Dispute Policy”) found at
(http://www.afilias.com/faq/sunrise-challenge.html). You further agree
to be bound by the ICANN Uniform Dispute Resolution Policy (“Dispute
Policy”) as presently written and posted on
http://www.opensrs.org/legal/udrp.shtml and as shall be amended from
time to time. You acknowledge that if you do not agree to any such
modifications, you may request that your domain name be deleted from
the domain name database.
6.
MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account
information with us, you must use your Account Identifier and Password
that you selected when you opened your account with us. You agree to
safeguard your Account Identifier and Password from any unauthorized
use. In no event shall we be liable for the unauthorized use or misuse
of your Account Identifier or Password.
7.
DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name
through us, or transferred a domain name to us from another registrar,
you agree to be bound by the Dispute Policies that are incorporated
herein and made a part of this Agreement by reference. The current
version of the general registration Dispute Policy may be found at
http://www.opensrs.org/legal/udrp.shtml. Please take the time to
familiarize yourself with this policy.
8.
DOMAIN NAME DISPUTES. You agree that, if the registration or
reservation of your domain name is challenged by a third party, you
will be subject to the provisions specified in the Sunrise Dispute
Policy or the Dispute Policy, as applicable. 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 Sunrise Dispute Policy or Dispute Policy, as
applicable.
9.
POLICY. You agree that your registration of the domain name shall be
subject to suspension, cancellation, or transfer pursuant to a Tucows,
Registry Operator, ICANN or government-adopted policy, or pursuant to
any registrar or registry procedure not inconsistent with a Tucows,
Registry Operator, ICANN or government-adopted policy, (1) to correct
mistakes by us or the Registry in registering the name or (2) for the
resolution of disputes concerning the domain name.
10.
AGENCY. Should you intend to license use of a domain name to a third
party you shall nonetheless be the domain name holder of record and are
therefore responsible for providing your own full contact information
and for providing and updating accurate technical and administrative
contact information adequate to facilitate timely resolution of any
problems that arise in connection with the domain name. You shall
accept liability for harm caused by wrongful use of the domain name.
You represent that you have provided notice of the terms and conditions
in this Agreement to a third party licensee and that the third party
agrees to the terms hereof.
11.
ANNOUNCEMENTS. We reserve the right to distribute information to you
that is pertinent to the quality or operation of our services and those
of our service partners. These announcements will be predominately
informative in nature and may include notices describing changes,
upgrades, new products or other information to add security or to
enhance your identity on the Internet.
12.
LIMITATION OF LIABILITY. You agree that our entire liability, and your
exclusive remedy, with respect to any Services(s) provided under this
Agreement and any breach of this Agreement is solely limited to the
amount you paid for such Service(s). Neither we nor our contractors or
third party beneficiaries shall be liable for any direct, indirect,
incidental, special or consequential damages resulting from the use or
inability to use any of the Services or for the cost of procurement of
substitute services. Because some jurisdictions do not allow the
exclusion or limitation of liability for consequential or incidental
damages, in such jurisdictions, our liability is limited to the extent
permitted by law. We disclaim any and all loss or liability resulting
from, but not limited to: (1) loss or liability resulting from access
delays or access interruptions; (2) loss or liability resulting from
data non-delivery or data 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.
13.
INDEMNITY. You agree to release, indemnify, and hold us, our
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.
14.
TRANSFER OF OWNERSHIP. The person named as registrant at the time the
user name and password are secured shall be the owner of the domain
name. You agree that prior to transferring ownership of your domain
name to another person (the Transferee") you shall require the
Transferee to agree in writing to be bound by all the terms and
conditions of this Agreement. Your domain name will not be transferred
until we receive such written assurances or other reasonable assurance
that the Transferee has been bound by the contractual terms of this
Agreement (such reasonable assurance as determined by us in our sole
discretion) 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.
15.
BREACH. You agree that failure to abide by any provision of this
Agreement, any operating rule or policy or the Dispute Policy provided
by us, may be considered by us to be a material breach and that we may
provide a written notice, describing the breach, to you. If within
thirty (30) calendar days of the date of such notice, you fail to
provide evidence, which is reasonably satisfactory to us, that you have
not breached your obligations under the Agreement, then we may delete
the registration or reservation of your domain name. Any such breach by
you shall not be deemed to be excused simply because we did not act
earlier in response to that, or any other breach by you.
16.
NO GUARANTY. You acknowledge that registration or reservation of your
chosen domain name does not confer immunity from objection to either
the registration, reservation, or use of the domain name.
17.
DISCLAIMER OF WARRANTIES. You agree that your use of our Services is
solely at your own risk. You agree that such Service(s) is provided on
an "as is", "as available" basis. We expressly disclaim all warranties
of any kind, whether express or implied, including but not limited to
the implied warranties of merchantability, fitness for a particular
purpose and non-infringement. We make no warranty that the Services
will meet your requirements, or that the Service(s) will be
uninterrupted, timely, secure, or error free; nor do we make any
warranty as to the results that may be obtained from the use of the
Service(s) or as to the accuracy or reliability of any information
obtained through the Service or that defects in the Service will be
corrected. You understand and agree that any material and/or data
downloaded or otherwise obtained through the use of Service is done at
your own discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that results
from the download of such material and/or data. We make no warranty
regarding any goods or services purchased or obtained through the
Service or any transactions entered into through the Service. No advice
or information, whether oral or written, obtained by you from us or
through the Service shall create any warranty not expressly made herein.
18.
INFORMATION. As part of the registration process, you are required to
provide us certain information and to update us promptly as such
information changes such that our records are current, complete and
accurate. You are obliged to provide us the following information:
(i)
Your name and postal address (or, if different, that of the domain name
holder);
(ii) The domain name being registered;
(iii)
The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the administrative contact for the
domain name;
(iv)
The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the billing contact for the domain name.
Any other information, which we request from you at registration, is
voluntary. Any voluntary information we request is collected for the
purpose of improving the products and services offered to you through
your RSP.
19.
DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and
acknowledge that we will make domain name registration information you
provide available to ICANN, to the registry administrators, and to
other third parties as applicable. You further agree and acknowledge
that we may make publicly available, or directly available to third
party vendors, some, or all, of the domain name registration
information you provide, for purposes of inspection (such as through
our WHOIS service) or other purposes as required or permitted by ICANN
and applicable laws.
You hereby consent to any and all such disclosures and use of
information provided by you in connection with the registration of a
domain name (including any updates to such information), whether during
or after the term of your registration of the domain name. You hereby
irrevocably waive any and all claims and causes of action you may have
arising from such disclosure or use of your domain name registration
information by us.
You may access your domain name registration information in our
possession to review, modify or update such information, by accessing
our domain manager service, or similar service, made available by us
through your RSP.
We will not process data about any identified or identifiable natural
person that we obtain from you in a way incompatible with the purposes
and other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information we
obtain from you from our loss, misuse, unauthorized accessor
disclosure, alteration or destruction of that information.
20.
REVOCATION. Your wilful provision of inaccurate or unreliable
information, your wilful failure promptly to update information
provided to us, or your failure to respond for over fifteen (15)
calendar days to inquiries by us concerning the accuracy of contact
details associated with the your registration shall constitute a
material breach of this Agreement and be a basis for cancellation of
the domain name registration.
21.
RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to
refuse to register or reserve your chosen domain name or register you
for other Services. In the event we do not register or reserve your
domain name or register you for other Services, or we delete your
domain name or other Services within such thirty (30) calendar day
period, we agree to refund your applicable fee(s). You agree that we
shall not be liable to you for loss or damages that may result from our
refusal to register, reserve, or delete your domain name or register
you for other Services.
We reserve the right to delete or transfer your domain name within a
thirty (30) day period following registration if we believe the
registration has been made possible by a mistake, made either by us or
by a third party. We also reserve the right to suspend a domain name
during resolution of any dispute.
22.
SEVERABILITY. You agree that the terms of this Agreement are severable.
If any term or provision is declared invalid or unenforceable, that
term or provision will be construed consistent with applicable law as
nearly as possible to reflect the original intentions of the parties,
and the remaining terms and provisions will remain in full force and
effect.
23.
NON-AGENCY. Nothing contained in this Agreement or the Dispute Policies
shall be construed as creating any agency, partnership, or other form
of joint enterprise between the parties.
24.
NON-WAIVER. Our failure to require performance by you of any provision
hereof shall not affect the full right to require such performance at
any time thereafter; nor shall the waiver by us of a breach of any
provision hereof be taken or held to be a waiver of the provision
itself.
25.
NOTICES. Any notice, direction or other communication given under this
Agreement shall be in writing and given by sending it via e-mail or via
postal service. In the case of e-mail, valid notice shall only have
been deemed to have been given when an electronic confirmation of
delivery has been obtained by the sender. In the case of e-mail,
notifications must be sent to us at
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
, or in the case of
notification to you, to the e-mail address provided by you in your
WHOIS record. Any e-mail communication shall be deemed to have been
validly and effectively given on the date of such communication, if
such date is a business day and such delivery was made prior to 4:00
p.m. EST, otherwise it will be deemed to have been delivered on the
next business day. In the case of regular mail notice, valid notice
shall be deemed to have been validly and effectively given 5 business
days after the date of mailing and, in the case of notification to us
or to RSP shall be sent to:
Our address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
Attention: Legal Affairs
and in the case of notification to you shall be to the address specified in the “Administrative Contact” in your WHOIS record.
26.
ENTIRETY. You agree that this Agreement, the rules and policies
published by us and the Dispute Policy are the complete and exclusive
agreement between you and us regarding our Services. This Agreement and
the Dispute Policy supersede all prior agreements and understandings,
whether established by custom, practice, policy or precedent.
27.
GOVERNING LAW. This Agreement shall be governed by and interpreted and
enforced in accordance with the LAWS OF Province of ontario and the
FEDERAL LAWS OF canada applicable therein without reference to rules
governing choice of laws. Any action relating to this Agreement must be
brought in ontario and you irrevocably consent to the jurisdiction of
such courts.
28.
INFANCY. You attest that you are of legal age to enter into this
Agreement.
29.
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.





