GBIS | Legal — .NAME
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
and/or recipient of e-mail forwarding services, "we", "us"
and "our" refer to Tucows Inc., "Registry Operator" refers
to The Global Name Registry Ltd. and "Services" refers to the domain
name registration and e-mail forwarding provided by us as offered through
____________________ ("Reseller"). This Agreement explains our obligations
to you, and explains your obligations to us for various Services.
- .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
- .name REPRESENTATIONS. As a .name domain name Registrant, you hereby represent
- the registered domain name or second level domain ("SLD")
e-mail address is your Personal Name.
- 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,
- 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 registration satisfies the Eligibility Requirements found at http://www.nic.name/downloads/EligibilityRequirements.pdf;
- you have the authority to enter into this Registration Agreement.
- 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
as well as the following restrictions. Without prejudice to the foregoing,
you undertake not to use e-mail forwarding:
- 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;
- 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;
- 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
- 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.
- Registry Operator reserves the right to implement additional anti-spam
measures, to block spam or mail from systems with a history of abuse from
entering Registry Operator's e-mail forwarding. However, due to the nature
of such systems, which actively block messages, Registry Operator 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.
- You understand and agree that Registry Operator 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
Operator 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 Operator or jeopardize the
security of Registry Operator or others to do so. Registry Operator 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 Operator is not obliged to store any contents or to forward unsent
e-mail to you or a third party.
- You understand and agree that to the extent either we and/or Registry
Operator is required by law to disclose certain information or material
in connection with your e-mail forwarding, either we and/or Registry Operator
will do so in accordance with such requirement and without notice to you.
- FEES. As consideration for the Services you have selected, you agree to
pay the Reseller the applicable service(s) fees. All fees payable hereunder
are non-refundable. As further consideration for the Services, you agree to:
(1) provide certain current, complete and accurate information about you as
required by the registration process and (2) maintain and update this information
as needed to keep it current, complete and accurate. All such information
shall be referred to as account information ("Account Information").
By submitting this Agreement, you represent that the statements in your Application
are true, complete and accurate.
- 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 in our sole discretion:
(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. 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 such 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.
You will not be able to transfer your domain name during the first sixty (60)
days following registration of the domain name with us. Beginning on the sixty-first
(61st) day following the registration, the policies set forth at: http://resellers.tucows.com/opensrs/name/bizspecs
- 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. In addition, 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
- the Eligibility Requirements (the "Eligibility Requirements"),
available at http://www.nic.name/downloads/EligibilityRequirements.pdf;
- the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"),
available at http://www.nic.name/downloads/erdrp.pdf;
- the Uniform Domain Name Dispute Resolution Policy (the "UDRP"),
available at http://www.icann.org/udrp/udrp-policy-24oct99.htm.
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,
except for registrations granted as a result of a dispute resolution proceeding
or during the landrush procedures in connection with the opening of the Registry
TLD. 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.
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 Operator) within .name.
The UDRP sets forth the terms and conditions in connection with a dispute between
a Registrant and party other than Global Name Registry ("Registry Operator")
or Registrar over the registration and use of an Internet domain name registered
by a Registrant.
- DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that we, in our sole
discretion, may modify our dispute policy. We will post any such revised policy
on our website at least thirty (30) calendar days before it becomes effective.
You agree that, by maintaining the reservation or registration of your domain
name or SLD e-mail address after modifications to the dispute policy become
effective, you have agreed to these modifications. You acknowledge that if
you do not agree to any such modification, you may terminate this Agreement.
We will not refund any fees paid by you if you terminate your Agreement with
- DOMAIN NAME DISPUTES. You agree that, if your use of our domain name registration
services is challenged by a third party, you will be subject to the provisions
specified in our dispute policy in effect at the time of the dispute. 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
set forth below in this agreement. 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.
- 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.
- 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
You agree that neither we nor the Registry Operator will have any liability
of any kind for any loss or liability resulting from (i) the processing of registration
requests prior to live SRS launch, including, without limitation, your ability
or inability to obtain a .name domain name or SLD e-mail address registration
using these processes; or (ii) any dispute over any .name domain name, SLD e-mail
address, Defensive Registration or NameWatch Registration (as defined by the
Registry Operator), including the decision of any dispute resolution proceeding
related to any of the foregoing.
- 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 out of or relating
to the domain name registered 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 both us and the Registry Operator
harmless pursuant to the terms and conditions contained in the Dispute Policies.
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
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 voice 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 voice telephone number
and fax number (if available) telephone numbers of the administrative
contact, the technical contact and the billing contact for the domain
- The IP addresses and names of the primary nameserver and any secondary
nameserver(s) for the domain name.
You acknowledge and agree that the foregoing registration data will be publicly
available and accessible on the Whois directory as required by ICANN and may
be sold in bulk in accordance with ICANN policy. You further understand and
agree that the foregoing registration data may be transferred internationally.
- 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 Reseller.
We will not process data about any identified or identifiable natural person
that we obtain from you in a way incompatible with the purposes and other limitations
which we describe in this Agreement.
We will take reasonable precautions to protect the information we obtain from
you from our loss, misuse, unauthorized accessor disclosure, alteration or destruction
of that information.
- 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 e-mail 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, to protect the integrity and stability
of the Registry, to comply with any applicable laws, government rules or requirements,
requests of law enforcement, in compliance with the dispute resolution process,
or to avoid any liability, civil or criminal, on our part and/or that of the
Registry Operator, as well as our affiliates, subsidiaries, officers, directors
and employees. We and the Registry Operator reserve the right to suspend a
domain name during the resolution of a dispute.
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 a
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.
- 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 five (5) business days after the date of mailing and,
in the case of notification to us or to Reseller shall be sent to:
96 Mowat Avenue
Toronto, Ontario M6K 3M1
Attention: Legal Affairs
- 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.