| .name: |
|
This
agreement applies to anyone who registers a .name domain name with
SCHEDULE A
Form
of Registration Agreement - .name TLD
1. 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 provided by us as offered through
Whatever Computes Ltd.(“RSP”). This
Agreement explains our obligations to you, and explains your obligations to us
for various Services.
2. .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
actor.
3. .name REPRESENTATIONS. As a .name domain name Registrant, you hereby
represent that:
(i)
the registered domain name or second level domain
(“SLD”) email address is your Personal Name.
(ii)
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,
(iii)
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;
(iv)
that the domain name is not being registered for
nor shall it at any time whatsoever be used for any unlawful purpose
whatsoever;
(v)
the registration satisfies the Eligibility
Requirements found at http://www.icann.org.tlds/agreements/name/registry-agmt-appl-03jul01.htm;
and
(vi)
you have the authority to enter into this
Registration Agreement.
4. EMAIL FORWARDING SERVICES.
(a)
The Service for which you have registered may, at
your option, include Email Forwarding.
To the extent you opt to use Email Forwarding, you are obliged to do so
in accordance with all applicable legislation and are responsible for all use of
Email Forwarding, including the content of messages sent through Email
Forwarding.
(b)
You undertake to familiarize yourself with the
content of and to comply with the generally accepted rules for Internet and
email usage. This includes, but is not
limited to the Acceptable Use Policy, available at http://www.opensrs.org/dotname_info.shtml,
as well as the following restrictions.
Without prejudice to the foregoing, you undertake not to use Email
Forwarding:
(i)
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;
(ii)
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;
(iii)
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
(iv)
for spamming, which includes, but is not
restricted to, the mass mailing of unsolicited email, 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 Email
Forwarding.
(c)
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 Email 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.
(d)
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 Email Forwarding. You further understand and agree that
Registry Operator is at liberty to block your access to Email Forwarding if you
use Email Forwarding in a way that contravenes this Agreement. You will be given prior warning of
discontinuation of the Email 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 Email Forwarding without notice if the
technical stability of Email Forwarding is threatened in any way, or if you are
in breach of this Agreement. On
discontinuing Email Forwarding, Registry Operator is not obliged to store any
contents or to forward unsent email to you or a third
party.
(e)
You understand and agree that to the extent
Registry Operator is required by law to disclose certain information or material
in connection with your Email Forwarding, Registry Operator will do so in
accordance with such requirement and without notice to
you.
5. FEES.
As consideration for the Services you have selected, you agree to pay the
RSP 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.
6. 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 shall cease.
7. 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://www.opensrs.org/legal/udrp.shtml
and as 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.
8. 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://www.opensrs.org/dotname_info.shtml
shall apply.
9. 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://www.opensrs.org/legal/udrp.shtml. 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
Agreement.
(i)
the Eligibility Requirements (the “Eligibility
Requirements”), available at http://www.icann.org.tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(ii)
the Eligibility Requirements Dispute Resolution
Policy (the “ERDRP”), available at http://www.icann.org.tlds/agreements/name/registry-agmt-appm-03jul01.htm;
and
(iii)
the Uniform Domain Name Dispute Resolution Policy
(the “UDRP”), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
The Eligibility Requirements dictate that Personal Name domain names
and Personal Name SLD email 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 email 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.
10. 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 Web site 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 email 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 us.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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 ($500.00) dollars.
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 email
address registration using these processes; or (ii) any dispute over any .name
domain name, SLD email 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.
16. 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.
17. TRANSFER OF OWNERSHIP. The
person named as Registrant at the time the 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. You acknowledge that you will not be entitled
to change registrars during the first sixty (60) days following the registration
of your domain name.
18. 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 by you.
19. 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.
20. 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.
21. 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:
(i) 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
holder);
(ii) The domain name being
registered;
(iii) 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 name;
(iv) 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.
22. 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
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.
23. 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 your 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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 lhutz@tucows.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 RSP shall be sent to:
Our address:
and in the case of notification to you shall be to the address
specified in the “Administrative Contact” in your WHOIS
record
29. 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.
30. 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.
31. INFANCY.
You attest that you are of legal age to enter into this
Agreement. |
| < Prev | Next > |
|---|
