GBIS | Legal — .CN
.cn Registration Agreement
- AGREEMENT. In this Registration Agreement ("Agreement") "Registrant",
"you" and "your" refer to the registrant of each domain
name registration, "we", "us" and "our" refer
to Tucows Inc., "Registry Operator" refers to NeuStar, Inc., "CNNIC"
refers to the China Network Information Centre, and "Services" refers
to the domain name registration provided by us as offered through ____________________________
("Reseller"). This Agreement explains our obligations to you, and
explains your obligations to us for various Services.
- REPRESENTATIONS AND WARRANTIES. You certify and represent that:
- You have supplied all of the information required in the domain name
registration application ("Application") and further, that the
data provided in the 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;
- You have the requisite power and authority to enter into this Registration
Agreement and to perform the obligations hereunder.
- RESTRICTIONS. You agree that you shall not register or use a domain name
that is deemed by CNNIC to:
- be against the basic principles prescribed in the Constitution of the
Peoples Republic of China ("PRC");
- jeopardize national security, leak state secrets, intend to overturn
the government or disrupt the integrity of the PRC;
- harm national honour and national interests of the PRC;
- instigate hostility or discrimination between different nationalities
or disrupt the national solidarity of the PRC;
- spread rumours, disturb public order or disrupt social stability of
- spread pornography, obscenity, gambling, violence, homicide, terror
or instigate crimes in the PRC;
- insult, libel against others and infringe other people's legal rights
and interests in the PRC; or
- take any other action prohibited in laws, rules and administrative regulations
of the PRC.
- 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: (i) China Internet
Domain Name Regulations (currently at http://www.cnnic.net.cn/ruler/20.shtml);
(ii) CNNIC Detailed Rules of Internet Domain Name Registration Administration
(currently at http://www.cnnic.net.cn/ruler/16.shtml);
(iii) CNNIC Domain Name Dispute Resolution Policy (currently at http://www.cnnic.net.cn/doc/e-10.shtml);
and (iv) Rules for CNNIC Domain Name Dispute Resolution Policy (currently
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.
- FEES. As consideration for the Services you have selected, you agree to
pay 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, 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 shall cease.
- 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 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
- MODIFICATIONS TO YOUR ACCOUNT. You shall maintain your own records appropriate
to document and prove the initial registration date of the domain name. 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 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")s,
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
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.
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.
- DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You acknowledge that the Dispute
Policy may be modified from time to time. Any such revised policy on our Web
site at least fourteen (14) calendar days before it becomes effective. You
agree that, by maintaining the 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 modification, you may
terminate this Agreement. We will not refund any fees paid by you if you terminate
your Agreement with us.
- 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.
- 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
- INDEMNITY. You agree to release, indemnify, and hold Tucows, the Registry
Operator, CNNIC, our respective 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
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 may 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
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.
If you license use of the domain name, you nonetheless agree that you shall
accept any and all liability for any harm caused by said licensed use and
suffered by Tucows, the Registry Operator and/or CNNIC. 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.
- DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge
that we will make domain name registration information you provide available
to CNNIC, to the Registry Operator, 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 CNNIC
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.
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 CNNIC, Registry Operator policy or pursuant to any applicable
laws and regulations. The parties shall take commercially reasonable steps to
protect Personal Data from loss, misuse, unauthorized disclosure, alteration
or destruction. Neither Tucows nor Registry Operator make any representations
as to how CNNIC uses, accesses or corrects any Personal Data it receives from
the Registry Operator.
- INACCURATE OR UNRELIABLE DATA. You hereby represent and warrant 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 the information
provided up to date. Your wilful or negligent 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. No refunds shall be made if a domain name is deleted
as a result of enforcement of this provision.
- 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 Reseller shall be sent to:
96 Mowat Avenue
Toronto, Ontario M6K 3M1
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, CNNIC 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. SAVE AND EXCEPT AS NOTED BELOW, THIS AGREEMENT SHALL BE GOVERNED
BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ONTARIO
Notwithstanding the foregoing, for the adjudication of disputes concerning
or arising from use of the registered domain name, you shall submit, without
prejudice to other potentially applicable jurisdictions, to the jurisdiction
of the courts (1) of the Registrant's domicile, (2) where Registrar is located,
and 3) the People's Republic of China.
For the adjudication of a dispute concerning or arising from use of the domain
name, such dispute shall be governed under the Laws of the Peoples Republic
- 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.