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 Edmunds Enterprises of America, Inc. and/or TUCOWS you accordingly agree as follows:
- 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
Edmunds Enterprises of America, Inc., the Registration Service Provider (“RSP”). 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 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 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 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 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 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 RSP 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.
- 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 en"registration_agreement.php"tered 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.
- 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.
- 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 RSP. We will not process data about any identified or identifiable
natural person that we obtain from you in a way incompatible with the purposes
and other limitations which we describe in this Agreement. We will take
reasonable precautions to protect the information we obtain from you from our
loss, misuse, unauthorized accessor disclosure, alteration or destruction of
that information
- REVOCATION. Your wilful provision of inaccurate or unreliable
information, your wilful failure promptly to update information provided to us,
or any failure to respond to inquiries by us addressed to the email address of
the registrant, the administrative, billing or technical contact appearing in
the “Whois” directory with respect to a domain name concerning the accuracy of
contact details associated with the registration shall constitute a material
breach of this Agreement and be a basis for cancellation of the domain name
registration. Any information collected by us concerning an identified or
identifiable natural person (“Personal Data”) will be used in connection with
the registration of your domain name(s) and for the purposes of this Agreement
and as required or permitted by the ICANN Agreement or an ICANN/Registry
Operator policy.
- RIGHT OF REFUSAL. We, 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 [Insert E-mail Address for RSP] 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:
and in the case of notification to you shall be to the address specified in the “Administrative Contact” in your WHOIS record.TUCOWS Com Co
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
- OR -
Edmunds Enterprises of America, Inc.
3039 Etta Circle
Deltona, FL
32738-7202
- 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.
- 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.
