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, 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 and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful
- FEES. As consideration for the Services you have selected, you agree to pay the RSP the applicable service 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
- 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 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
- 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 Policies that are incorporated herein and made a part of this Agreement
by reference. The current version of the general registration 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 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. 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. You agree that your registration of the domain name shall be subject to suspension, cancellation, or
transfer pursuant to a Tucows, Registry Operator, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure
not inconsistent with a Tucows, Registry Operator, ICANN or government-adopted policy, (1) to correct mistakes by us 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
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
(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, 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 within a thirty (30) day period 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 any 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
firstname.lastname@example.org, 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:
96 Mowat Avenue
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.