INFO
SCHEDULE A
Form
of Registration Agreement
1.
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 ArtistScope. This Agreement explains our obligations to
you, and explains your obligations to us for various Services. If you are registering your name during the
finite period of time when owners of trademarks and service
marks issued prior to October 2, 2000 and having national
effect will have the exclusive opportunity to register identical
domain names (“Sunrise Period”), you agree to comply with
the procedures, terms and obligations. You acknowledge and agree that registrations for domain names during
the Sunrise Period will only be accepted for a minimum registration
term of five (5) years.
2.
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 purpose whatsoever.
3.
FEES. As consideration for the Services you have
selected, you agree to pay ArtistScope
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 accurate.
4.
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.
5.
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. If you have registered your name during the
Sunrise Period, you agree to be bound by the Sunrise Dispute
Resolution Policy (“Sunrise Dispute Policy”) found at (http://www.afilias.com/faq/sunrise-challenge.html). You further agree to be bound by the ICANN Uniform Dispute Resolution
Policy (“Dispute Policy”) as presently written and posted
here 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.
6.
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.
7.
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 here. Please take the time to familiarize yourself
with this policy.
8.
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 Sunrise Dispute Policy or the Dispute Policy, as applicable.
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 Sunrise
Dispute Policy or Dispute Policy, as applicable.
9.
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.
10.
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.
11.
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.
12.
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.
13.
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.
14.
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.
15.
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.
16.
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.
17.
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.
18.
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 ArtistScope.
19.
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 ArtistScope.
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.
20.
REVOCATION. Your willful provision of
inaccurate or unreliable information, your willful 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.
21.
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.
22.
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.
23.
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.
24.
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.
25.
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 ArtistScope,
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 ArtistScope shall be sent to:
TUCOWS
Inc.
96 Mowat Avenue
Toronto, Ontario
M6K 3M1
Legal Affairs and
in the case of notification to you shall be to the address
specified in the “Administrative Contact” in your WHOIS record.
26.
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.
27.
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.
28.
INFANCY. You attest that you are of
legal age to enter into this Agreement.
29.
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.
