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.biz Schedule B:
SCHEDULE B
Form of Registration Agreement
- AGREEMENT. In this Registration
Agreement ("Agreement") "you" and
"your" refer to the registrant of
each domain name registration, "we",
“us" and "our" refer to TUCOWS Inc.
and “Services” refers to the domain
name registration provided by us
as offered through (“RSP”). This
Agreement explains our obligations
to you, and explains your obligations
to us for various Services.
- SELECTION OF A DOMAIN NAME.
You represent that:
(i) the data provided in the
domain name registration application
is true, correct, up to date and
complete,
(ii) 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;
(iii) that the domain name is
not being registered for nor shall
it at any time whatsoever be used
for any unlawful purpose whatsoever
(iv) the registered domain name
will be used primarily for bona
fide business or commercial purposes
and not (a) exclusively for personal
use, or (b) solely for the purposes
of (1) selling, trading or leasing
the domain name for compensation,
or (2) the unsolicited offering
to sell, trade or lease the domain
name for compensation;
(v) you have the authority to
enter into this Registration Agreement;
and
(vi) the registered domain name
is reasonably related to your
business or intended commercial
purpose at the time of registration.
- 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.
- 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.
- 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 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.
- 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.
- 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.
- DOMAIN NAME DISPUTES. You
acknowledge having 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 Uniform Domain Name Dispute
Resolution Policy (“Dispute Policy),
available at http://www.icann.org/udrp/udrp.htm;
(ii) The Start-Up Dispute Resolution
Policy (“SUDRP”), available at
http://www.neulevel.com/countdown/stop.html;
and
(iii) The Restrictions Dispute
Resolution Criteria and Rules
(“RDRP”), available at http://www.neulevel.com/;
(collectively, “Dispute Policies”).
The SUDRP sets forth the terms
and conditions in connection with
a dispute between a registrant
of a .biz domain name (“Registrant”)
with any third party (other than
Neulevel, Inc. (“Registry Operator”)
or Tucows over the registration
or use of a .biz domain name registered
by you that is subject to the
Start-up Intellectual Property
Notification Service (“SIPNS”).
SIPNS is a service introduced
by Registry Operator to notify
a trademark or service mark holder
(“Claimant”) that a second-level
domain name has been registered
in which that Claimant claims
intellectual property rights.
In accordance with the SUDRP and
its associated Rules, those Claimants
will have the right to challenge
registrations through independent
ICANN-accredited dispute resolution
providers.
The Dispute Policy sets forth
the terms and conditions in connection
with a dispute between a Registrant
and any party other than the Registry
Operator or Registrar over the
registration and use of an Internet
domain name registered by Registrant.
he RDRP sets forth the terms
under which any allegation that
a domain name is not used primarily
for business or commercial purposes
shall be endorsed on a case-by-case,
fact specific basis by an independent
ICANN-accredited dispute provider.
- 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.
- 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 ($500.00) dollars.
- INDEMNITY. You agree
to release, indemnify, and hold
us, 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 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.
- 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.
- BREACH. You agree that
failure to abide by any provision
of this Agreement, any operating
rule or policy or the Dispute Policy
provided by us, may be considered
by us to be a material breach and
that we may provide a written notice,
describing the breach, to you.
If within thirty (30) calendar days
of the date of such notice, you
fail to provide evidence, which
is reasonably satisfactory to us,
that you have not breached your
obligations under the Agreement,
then we may delete the registration
or reservation of your domain name.
Any such breach by you shall not
be deemed to be excused simply because
we did not act earlier in response
to that, or any other breach by
you.
- NO GUARANTY. You 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.
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:
(i) Your name and postal address
(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 and
fax (if available) telephone numbers
of the administrative contact
for the domain name;
(iv) The name, postal address,
e-mail address, and voice and
fax (if available) telephone numbers
of the billing contact for the
domain name.
Any other information, which
we request from you at registration,
is voluntary. Any voluntary information
we request is collected for the
purpose of improving the products
and services offered to you through
your RSP.
- DISCLOSURE AND USE OF REGISTRATION
INFORMATION. You agree and acknowledge
that we will make domain name registration
information you provide available
to ICANN, to the registry administrators,
and to other third parties as 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.
- REVOCATION. Your wilful
provision of inaccurate or unreliable
information, your wilful failure
promptly to update information provided
to us, or your failure to respond
for over fifteen (15) calendar days
to inquiries by us concerning the
accuracy of contact details associated
with the your registration shall
constitute a material breach of
this Agreement and be a basis for
cancellation of the domain name
registration.
- 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 have been 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:
TUCOWS Inc.
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 us and the Dispute
Policy are the complete and exclusive
agreement between you and us regarding
our Services. This Agreement and
the Dispute Policy supersede all
prior agreements and understandings,
whether established by custom, practice,
policy or precedent.
- GOVERNING LAW. This Agreement
shall be governed by and interpreted
and enforced in accordance with
the LAWS OF Province of ontario
and the FEDERAL LAWS OF canada applicable
therein without reference to rules
governing choice of laws. Any action
relating to this Agreement must
be brought in ontario and you irrevocably
consent to the jurisdiction of such
courts.
- INFANCY. You attest that
you are of legal age to enter into
this Agreement.
- Acceptance of Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ
THIS AGREEMENT AND AGREE TO ALL
ITS TERMS AND CONDITIONS. YOU HAVE
INDEPENDENTLY EVALUATED THE DESIRABILITY
OF THE SERVICE AND ARE NOT RELYING
ON ANY REPRESENTATION AGREEMENT,
GUARANTEE OR STATEMENT OTHER THAN
AS SET FORTH IN THIS AGREEMENT.
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