GBIS | Legal — .CA
Domain Registration Agreement
In order that a party may hold a valid .ca domain name registration, TUCOWS,
requires that all registrants adhere to certain terms and conditions. As an
organization or individual applying to register, transfer or renew an .ca domain
name via the agency of [insert Resellername] and/or TUCOWS you accordingly agree
- AGREEMENT. In this Registration Agreement ("Agreement") , "we",
us" and "our" refer to TUCOWS Inc. and “Services”
refers to the domain name registration, transfer or renewal services provided
by us as offered through __________________, the Registration Service Provider
(“Reseller”). CIRA shall refer to the entity granted the exclusive
right to administer the registry for .ca domain name registrations.
- SELECTION OF A DOMAIN NAME. 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 used infringes the legal rights
of a third party and that the domain name is not being registered for any
- FEES. As consideration for the Services you have selected, you agree to
pay to us, or your respective Reseller who remits payment to us on your behalf,
the applicable 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
- TERM. You agree that this Agreement will remain in full force during the
term of your domain name registration as selected, recorded, and paid for
upon registration of the domain name. Should you choose to renew the term
of your domain name registration, then the term of this Agreement will be
extended accordingly. Should you transfer your domain name or should the domain
name otherwise be transferred to another Registrar, the terms and conditions
of this contract shall cease and shall be replaced by the contractual terms
in force between domain name registrants 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 CIRA 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 the CIRA website. 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.
- CIRA POLICY. You agree that your registration of the domain name shall be
subject to suspension, cancellation, or transfer pursuant to any CIRA-adopted
policy, or pursuant to any registrar or registry procedure not inconsistent
with an CIRA-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.
- AGENCY. Should you intend to license use of a domain name to a third party
you shall nonetheless be the domain name registrant 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 thedomain name. 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 Reseller 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 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 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.
- 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 attorney's fees, from claims by third parties,
including but not limited to the Reseller and CIRA 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 CIRA 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.
This indemnification obligation will survive the termination or expiration
of this Agreement.
- TRANSFER OF OWNERSHIP. Any transfer of ownership in and to a domain name
registration shall be affected in accordance with CIRA policies and procedures.
- BREACH. You agree that failure to abide by any provision of this Agreement,
any operating rule or policy or the Dispute Policy, 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
- 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.
- The Internet Protocol number of the primary name server and secondary
name server(s) for each domain name registration and the corresponding
names of those name servers.
- Any voluntary information we request is collected such that we can continue
to improve the products and services offered to you through your Reseller.
- DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge
that we will make domain name registration information you provide available
to CIRA, to the registry administrators, and to other third parties as CIRA
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 CIRA 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 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 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, 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 Reseller to email@example.com
or [Insert E-mail Address for Reseller] 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
Reseller shall be sent to:
TUCOWS Com Co
Registrant Affairs Office
96 Mowat Avenue
[Insert Reseller address]
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.
- INCONSISTENCIES WITH CIRA. In the event that this Agreement may be inconsistent
with any term, condition , policy or procedure of CIRA, the term, condition,
policy or procedure of CIRA shall prevail.
- 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.