GBIS | Legal — .BIZ
Domain Registration Agreement
Form of Registration Agreement
- 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., "Registry
Operator" refers to Neulevel 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.
- .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:
- to exchange goods, services, or property of any kind;
- in the ordinary course of business; or
- 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.
- SELECTION OF A DOMAIN NAME. You represent that:
- the data provided in the domain name registration application is true,
correct, up to date and complete, and that you will continue to keep all
of the information provided correct, up-to-date and complete;
- 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;
- that the domain name is not being registered for nor shall it at any
time whatsoever be used for any unlawful purpose whatsoever;
- 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;
- you have the authority to enter into this Registration Agreement; and
- the registered domain name is reasonably related to your business or
intended commercial purpose at the time of registration.
- FEES. As consideration for the Services you have selected, you agree to
pay the RSP the applicable service(s) fees. All fees payable hereunder are
non-refundable. As further consideration for the Services, you agree to: (1)
provide certain current, complete and accurate information about you as required
by the registration process and (2) maintain and update this information as
needed to keep it current, complete and accurate. All such information shall
be referred to as account information ("Account Information"). By
submitting this Agreement, you represent that the statements in your Application
are true, complete and accurate.
- 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
- MODIFICATIONS TO AGREEMENT. You agree that we may: (1) revise the terms
and conditions of this Agreement; and (2) change the services provided under
this Agreement. You agree to be bound by any such revision or change which
shall be effective immediately upon posting on our web site or upon notification
to you by e-mail or your country's postal service pursuant to the Notices
section of this Agreement. You agree to review this Agreement as posted on
our web site periodically to maintain an awareness of any and all such revisions.
If you do not agree with any revision to the Agreement, you may terminate
this Agreement at any time by providing us with notice by e-mail or postal
service pursuant to the Notices section of this Agreement. Notice of your
termination shall be effective after processing by us. You agree that, by
continuing the use of Services following notice of any revision to this Agreement
or change in service(s), you shall be bound by any such revisions and changes.
You further agree to be bound by the ICANN Uniform Dispute Resolution Policy
("Dispute Policy") as presently written and posted on http://resellers.tucows.com/opensrs/legal
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. We will not refund any fees paid
by you if you terminate your agreement with us.
- 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.
- DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name
through us, or transferred a domain name to us from another registrar, you
agree to be bound by the Dispute Policy that is incorporated herein and made
a part of this Agreement by reference. The current version of the Dispute
Policy may be found at http://resellers.tucows.com/opensrs/legal.
Please take the time to familiarize yourself with this policy.
- 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:
- The Uniform Domain Name Dispute Resolution Policy ("Dispute Policy),
available at http://www.icann.org/udrp/;
- The Restrictions Dispute Resolution Criteria and Rules ("RDRP"),
available at http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;
(collectively, "Dispute Policies").
The Dispute Policy sets forth the terms and conditions in connection with
a dispute between a Registrant and any party other than the Registry Operator
or Registrar over the registration and use of an Internet domain name registered
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
- POLICY. You agree that your registration of the domain name shall be subject
to suspension, cancellation, or transfer pursuant to any Tucows, Registry
Operator, 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.
- AGENCY. Should you intend to license use of a domain name to a third party
you shall nonetheless be the domain name holder of record and are therefore
responsible for providing your own full contact information and for providing
and updating accurate technical and administrative contact information adequate
to facilitate timely resolution of any problems that arise in connection with
the domain name. You shall accept liability for harm caused by wrongful use
of the domain name. You represent that you have provided notice of the terms
and conditions in this Agreement to a third party licensee and that the third
party agrees to the terms hereof. You acknowledge and agree that the domain
name has not been registered solely for the purposes of selling, trading or
leasing for compensation and will be used for a business or commercial purpose.
- 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.
- 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
- INDEMNITY. You agree to release, indemnify, and hold us, the Registry Operator,
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. This indemnification obligation will survive the termination or expiration
of this agreement.
- TRANSFER OF OWNERSHIP. The person named as registrant on the WHOIS shall
be the registered name holder. The person named as administrative contact
at the time the controlling user name and password are secured shall be deemed
to be the designate of the registrant with the authority to manage the domain
name. You agree that prior to transferring ownership of your domain name to
another person (the Transferee") you shall require the Transferee to
agree in writing to be bound by all the terms and conditions of this Agreement.
Your domain name will not be transferred until we receive such written assurances
or other reasonable assurance that the Transferee has been bound by the contractual
terms of this Agreement (such reasonable assurance as determined by us in
our sole discretion) 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.
- 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 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
- 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.
- 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.
- 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:
- Your full name, postal address, e-mail address and telephone number
and fax number (if available) (or, if different, that of the domain name
- The domain name being registered;
- The name, postal address, e-mail address, and telephone number and fax
number (if available) telephone numbers of the administrative contact,
the technical contact and the billing contact for the domain name;
- The IP addresses and names of the primary nameserver and any secondary
nameserver(s) 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.
- 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.
- REVOCATION. Your wilful provision of inaccurate or unreliable information,
your wilful failure promptly to update information provided to us, or any
failure to respond to inquiries by us addressed to the email address of the
registrant, the administrative, billing or technical contact appearing in
the "Whois" directory with respect to a domain name concerning the
accuracy of contact details associated with the registration shall constitute
a material breach of this Agreement and be a basis for cancellation of the
domain name registration. Any information collected by us concerning an identified
or identifiable natural person ("Personal Data") will be used in
connection with the registration of your domain name(s) and for the purposes
of this Agreement and as required or permitted by the ICANN Agreement or an
ICANN/Registry Operator policy.
- RIGHT OF REFUSAL. We, and/or Registry Operator, in our sole discretion,
reserve the right to refuse to register or reserve your chosen domain name
or register you for other Services. In the event we do not register or reserve
your domain name or register you for other Services, or we delete your domain
name or other Services within such thirty (30) calendar day period, we agree
to refund your applicable fee(s). You agree that we shall not be liable to
you for loss or damages that may result from our refusal to register, reserve,
or delete your domain name or register you for other Services.
We reserve the right to delete or transfer your domain name following registration
if we believe the registration has been made possible by a mistake, made
either by us or by a third party. We also reserve the right to suspend a
domain name during resolution of a dispute.
- 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.
- 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.
- 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.
- NOTICES. Any notice, direction or other communication given under this Agreement
shall be in writing and given by sending it via e-mail or via postal service.
In the case of e-mail, valid notice shall only have been deemed to be given
when an electronic confirmation of delivery has been obtained by the sender.
In the case of e-mail, notifications must be sent to us at email@example.com,
or in the case of notification to you, to the e-mail address provided by you
in your WHOIS record. Any e-mail communication shall be deemed to have been
validly and effectively given on the date of such communication, if such date
is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise
it will be deemed to have been delivered on the next business day. In the
case of regular mail notice, valid notice shall be deemed to have been validly
and effectively given 5 business days after the date of mailing and, in the
case of notification to us or to RSP shall be sent to:
96 Mowat Avenue
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
- ENTIRETY. You agree that this Agreement, the rules and policies published
by Tucows, ICANN and/or the Registry Operator and the Dispute Policy are the
complete and exclusive agreement between you and us regarding our Services.
This Agreement and the Dispute Policy supersede all prior agreements and understandings,
whether established by custom, practice, policy or precedent.
- 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.
- INFANCY. You attest that you are of legal age to enter into this Agreement.
- FOREIGN LANGUAGE: Controlling Language. In the event that you are reading
this agreement in a language other than the English language, you acknowledge
and agree that the English language version hereof shall prevail in case of
inconsistency or contradiction in interpretation or translation.
- 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.