GBIS | Legal — General
Domain Registration Agreement
Domain Registration Agreement
June 8, 2000
- AGREEMENT. In this Registration Agreement ("Agreement") "you"
and "your" refer to each customer, "we", us" and
"our" refer to TUCOWS.com Inc. and "Services" refers to
the domain name registration provided by us as offered through Great Basin
Internet Services Inc., the Registration Service Provider ("RSP").
This Agreement explains our obligations to you, and explains your obligations
to us for various Services.
- SELECTION OF A DOMAIN NAME. You represent that, to the best of the your
knowledge and belief, neither the registration of the SLD name nor the manner
in which it is directly or indirectly used infringes the legal rights of a
third party and that the Domain Name is not being registered for any unlawful
purpose.
- FEES. As consideration for the services you have selected, you agree to
pay to us, or your respective RSP who remits payment to us on your behalf,
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"). You, by completing
and submitting this Agreement represent that the statements in your application
are true.
- TERM. You agree that the Registration Agreement will remain in full force
during the length of the term of your Domain Name Registration. Should you
choose to renew or otherwise lengthen the term of your Domain Name Registration,
then the term of this Registration Agreement will be extended accordingly.
This Agreement will remain in full force during the length of the term of
your Domain Name Registration 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
will be extended accordingly. Should you transfer your domain name or should
the domain name otherwise be transferred due to another Registrar, the terms
and conditions of this contract shall cease and shall be replaced by the contractual
terms in force for the purpose of registering domain names then in force between
SLD holders and the new Registrar.
- MODIFICATIONS TO AGREEMENT. You agree, during the period of this Agreement,
that we may: (1) revise the terms and conditions of this Agreement; and (2)
change the services provided under this Agreement. Any such revision or change
will be binding and effective immediately on posting of the revised Agreement
or change to the service(s) on our web site, or on notification to you by
e-mail or regular mail as per the Notices section of this agreement. You agree
to review our web site, including the Agreement, periodically to be aware
of any 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 regular mail as per the Notices section of this agreement. Notice
of your termination will be effective on receipt and processing by us. You
agree that, by continuing to use the Services following notice of any revision
to this Agreement or change in service(s), you shall abide by any such revisions
or changes. You further agree to abide by the ICANN Uniform Dispute Resolution
Policy ("Dispute Policy") as amended from time to time. You agree
that, by maintaining the reservation or registration of your domain name after
modifications to the Dispute Policy become effective, you have agreed to these
modifications. You acknowledge that if you do not agree to any such modifications,
you may request that your domain name be deleted from the domain name database.
- 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. Please safeguard your Account Identifier
and Password from any unauthorized use. In no event will 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 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.opensrs.org/legal/udrp.shtml. Please take
the time to familiarize yourself with this policy.
- 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 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 contained in the Dispute Policy. For any dispute, you agree
to submit to the jurisdiction of the courts of The Province of Ontario.
- ICANN POLICY. You agree that your registration of the SLD name shall be
subject to suspension, cancellation, or transfer pursuant to any ICANN-adopted
policy, or pursuant to any registrar or registry procedure not inconsistent
with an ICANN-adopted policy, (1) to correct mistakes by Registrar or the
Registry in registering the name or (2) for the resolution of disputes concerning
the SLD name.
- AGENCY. Should you intend to license use of a domain name to a third party
you shall nonetheless be the SLD 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 SLD. You
shall accept liability for harm caused by wrongful use of the SLD, unless
you promptly disclose the identity of the licensee to the party providing
you reasonable evidence of actionable harm. You also represent that you have
provided notice of the terms and conditions in this Agreement to the third
party and that the third party agrees to the terms of Disclosure and Use of
Registration Information (sections 18 and 19 of this Agreement).
- ANNOUNCEMENTS. We and the RSP 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). We and our contractors 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. In no event shall our maximum
liability exceed five hundred ($500.00) dollars.
- INDEMNITY. You agree to release, indemnify, and hold us, our contractors,
agents, employees, officers, directors and affiliates harmless from all liabilities,
claims and expenses, including without limitation Network Solutions, Inc.,
and the directors, officers, employees and agents of each of them, 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 with your
computer, 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 may be considered by us to be a breach of your
Agreement and may result in deactivation of your domain name.
- TRANSFER OF OWNERSHIP. The person named as administrative contact at the
time the controlling user name and password are secured shall be the owner
of the domain name. You agree that prior to transferring ownership of your
domain name to another person (the Transferee") you shall require the
Transferee to agree, in writing to be bound by all the terms and conditions
of this Agreement. Your domain name will not be transferred until we receive
such written assurances or other reasonable assurance that the Transferee
has been bound by the contractual terms of this Agreement (such reasonable
assurance as determined by us in our sole discretion) along with the applicable
transfer fee. If the Transferee fails to be bound in a reasonable fashion
(as determine by us in our sole discretion) to the terms and conditions in
this Agreement, any such transfer will be null and void.
- 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.
- NO GUARANTY. You agree that, by registration or reservation of your chosen
domain name, such registration or reservation 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 name and postal address (or, if different, that of the domain
name holder);
- The domain name being registered
- The name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the administrative contact for the domain name.
- The name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the billing contact for the domain name.
Any other information which we request from you at registration is voluntary.
Any voluntary information we request is collected such that we can continue
to improve 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 ICANN
and applicable laws may require or permit. 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 the applicable laws.
- 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.
- 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 access or 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 your
failure to respond for over fifteen calendar days to inquiries by us concerning
the accuracy of contact details associated with the your registration shall
constitute a material breach of this Agreement and be a basis for cancellation
of the SLD registration.
-
RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse
to register or reserve your chosen domain name or register you for other
Services within thirty (30) calendar days from receipt of your payment for
such 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.
-
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 Policy 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 regular
mail. In the case of e-mail, valid notice shall only have been deemed to have
been given when an electronic confirmation of delivery has been obtained by
the sender. In the case of e-mail notification to us or to the RSP to lhutz@tucows.com
or legal@greatbasin.net or, in the case of notice to you, at 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 the RSP shall be sent to:
TUCOWS.com Inc.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
- OR -
Great Basin Internet Services Inc.
PO Box 6209
Reno NV 89513-6209
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 us and the Dispute Policy are the complete and exclusive agreement between
you and us regarding our Services. This Agreement and the Dispute Policy
supersede all prior agreements and understandings, whether established by
custom, practice, policy or precedent.
-
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.
-
ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT
AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED
THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION
AGREEMENT., GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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