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Registration Agreement |
OpenSRS
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 Heller Information Services
(HIS),
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: |
|
| | | | |
