| (a) |
.com/net Domains: In the case of a ".com" or ".net" registration, the following
terms and conditions will apply: |
|
| (i) |
Submission to UDRP. Registrant agrees to submit to
proceedings under ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with the
requirements set forth by the Registry; these policies are subject to modification; |
| (ii) |
For the adjudication of disputes concerning or
arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the Registrants domicile, and (2) where Tucows is located, presently
Toronto, Ontario. |
|
| (b) |
.org Domains: In the case of a ".org" registration, the following terms and
conditions will apply: |
|
| (i) |
Submission to UDRP. Registrant agrees to submit to
proceedings under ICANN's Uniform Dom ain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with the
requirements set forth by the Registry. These policies are subject to modification; |
| (ii) |
For the adjudication of disputes concerning or
arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the Registrants domicile, and (2) where Tucows is located, presently
Toronto, Ontario. |
|
| (c) |
.info Domains: In the case of a ".info" registration, the following terms and
conditions will apply: |
|
| (i) |
Registrants Personal Data. You consent to the use,
copying, distribution, publication, modification, and other processing of Registrants personal data by Afilias, the .INFO
registry, and its designees and agents, in a manner consistent with the purposes specified pursuant to its contract; |
| (ii) |
Submission to UDRP. Registrant agrees to submit to
proceedings under ICANN's Uniform Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with the
requirements set forth by the Registry. These policies are subject to modification; |
| (iii) |
For the adjudication of disputes concerning or
arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the Registrants domicile, and (2) where Tucows is located, presently
Toronto, Ontario; |
| (iv) |
Reservation of Rights. Tucows and Afilias expressly
reserve the right to deny, cancel, transfer, or modify any registration that either registrar or Afilias deems necessary, at
its discretion, to protect the integrity and stability of the registry, to comply with any applicable law, any government
rule or requirement, any request of law enforcement, any dispute resolution process, or to avoid any liability, civil or
criminal, on the part of the registrar and/or Afilias, as well as their affiliates, subsidiaries, executives, directors,
officers, managers, employees, consultants, and agents. The registrar and Afilias also reserve the right to suspend a
domain name or its registration data during resolution of a dispute. |
|
| (d) |
.biz Domains. In the case of a ".biz" registration, the following terms and
conditions will apply: |
|
| (i) |
.biz Restrictions. Registrations in the .biz
top-level domain must be used or intended to be used primarily for bona fide business or commercial purposes. For the
purposes of the .biz registration restrictions, "bona fide business or commercial use" shall mean the bona fide use or bona
fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit
Internet users to access one or more host computers through the DNS: |
|
| (A) |
to exchange
goods, services, or property of any kind; |
| (B) |
in the
ordinary course of business; or |
| (C) |
to
facilitate (i) the exchange of goods, services, information or property of any kind; or (ii) the ordinary course of trade or
business. |
|
|
For more information on the .biz restrictions, which
are incorporated herein by reference, please see: http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm. |
| (ii) |
Selection of a Domain Name. You represent
that: |
|
| (A) |
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, up-to-date and complete; |
| (B) |
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; |
| (C) |
that the
domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose
whatsoever; |
| (D) |
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; |
| (E) |
you have the
authority to enter into this Registration Agreement; and |
| (F) |
the
registered domain name is reasonably related to your business or intended commercial purpose at the time of
registration. |
|
| (iii) |
Provision of Registration Data. As part of the
registration process, you are required to provide us with certain information and to keep the information true, current,
complete, and accurate at all times. The information includes the following: |
|
| (A) |
your full
name; |
| (B) |
your postal
address; |
| (C) |
your e-mail
address; |
| (D) |
your voice
telephone number; |
| (E) |
your fax
number (if applicable); |
| (F) |
the name of
an authorized person for contact purposes in the case of a registrant that is an organization, association, or
corporation; |
| (G) |
the IP
addresses of the primary nameserver and any secondary nameserver for the domain name; |
| (H) |
the
corresponding names of the primary and secondary nameservers; |
| (I) |
the full
name, postal address, e-mail address, voice telephone number, and, when available, fax number of the administrative,
technical, and billing contacts, and the name holder for the domain name; and |
| (J) |
any remark
concerning the domain name that should appear in the Whois directory. |
| (K) |
You agree
and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as
required by ICANN and/or registry policies, and may be sold in bulk in accordance with the ICANN agreement. |
|
| (iv) |
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: |
|
|
|
(collectively, the "Dispute Policies"). |
| (v) |
The Dispute Policy sets forth the terms and
conditions in connection with a dispute between a Registrant and any party other than the Registry or Registrar over the
registration and use of an Internet domain name registered by Registrant. |
| (vi) |
The 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. |
| (vii) |
For the adjudication of disputes concerning or
arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the Registrants domicile, and (2) where Tucows is located, presently
Toronto, Ontario. |
|
| (e) |
.name Domains. In the case of a ".name" registration, the following terms and
conditions will apply: |
|
| (i) |
.name Restrictions. Registrations in the .name
top-level domain must constitute an individuals "Personal Name". For purposes of the .name restrictions (the
"Restrictions"), a "Personal Name" is a persons 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. |
| (ii) |
.name Representations. As a .name domain name
registrant, you hereby represent that: |
|
| (A) |
the
registered domain name or second level domain ("SLD") e-mail address is your Personal Name. |
| (B) |
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, |
| (C) |
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; |
| (D) |
that the
domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose
whatsoever; |
| (E) |
the
registration satisfies the Eligibility Requirements found at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
and |
| (F) |
you have the
authority to enter into this Registration Agreement. |
|
| (iii) |
E-mail Forwarding Services. The Services
for which you have registered may, at your option, include e-mail forwarding. To the extent you opt to use e-mail
forwarding, you are obliged to do so in accordance with all applicable legislation and are responsible for all use of e-mail
forwarding, including the content of messages sent through e-mail forwarding.
You undertake to familiarize yourself with the
content of and to comply with the generally accepted rules for Internet and e-mail usage. This includes, but is not limited
to the Acceptable Use Policy, available at http://www.nic.name/downloads/aup.pdf as well as the following
restrictions. Without prejudice to the foregoing, you undertake not to use e-mail forwarding: |
|
| (A) |
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; |
| (B) |
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; |
| (C) |
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 |
| (D) |
for
spamming, which includes, but is not restricted to, the mass mailing of unsolicited e-mail, 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
e-mail forwarding. |
|
| (iv) |
Registry reserves the right to implement additional
anti-spam measures, to block spam or mail from systems with a history of abuse from entering Registrys e-mail forwarding.
However, due to the nature of such systems, which actively block messages, Registry 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. |
| (v) |
You understand and agree that Registry may delete
material that does not conform to clause (c) above or that in some other way constitutes a misuse of e-mail forwarding. You
further understand and agree that Registry is at liberty to block your access to e-mail forwarding if you use e-mail
forwarding in a way that contravenes this Agreement. You will be given prior warning of discontinuation of the e-mail
forwarding unless it would damage the reputation of Registry or jeopardize the security of Registry or others to do so.
Registry reserves the right to immediately discontinue e-mail forwarding without notice if the technical stability of e-mail
forwarding is threatened in any way, or if you are in breach of this Agreement. On discontinuing e-mail forwarding,
Registry is not obliged to store any contents or to forward unsent e-mail to you or a third party. |
| (vi) |
You understand and agree that to the extent either
we and/or Registry is required by law to disclose certain information or material in connection with your e-mail forwarding,
either we and/or Registry will do so in accordance with such requirement and without notice to you. |
| (vii) |
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. 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. |
|
|
| (viii) |
The Eligibility Requirements dictate that Personal
Name domain names and Personal Name SLD e-mail addresses will be granted on a first-come, first-served basis. 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 characters 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. |
| (ix) |
The ERDRP applies to challenges to (i) registered
domain names and SLD e-mail 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) within .name. |
| (x) |
The UDRP sets forth the terms and conditions in
connection with a dispute between a Registrant and party other than the Registry or Tucows over the registration and use of
an Internet domain name registered by a Registrant. |
| (xi) |
For the adjudication of disputes concerning or
arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the Registrants domicile, and (2) where Tucows is located, presently
Toronto, Ontario. |
|
32.
| (a) |
.at Domains. In the case of a ".at" registration, the following terms and
conditions will apply: |
|
| (i) |
Registry Policy. You acknowledge and understand that by
accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or
policies that exist now or in the future and which are posted on the Registry website at http://www.nic.at/en/service/legal_information/terms_conditions/.
You are responsible for monitoring the Registrys site on a regular basis. In the event that you do not wish to be bound by
a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following
the appropriate Registry policy regarding such cancellation. |
|
| (b) |
.be Domains. In the case of a ".be" registration, the following terms and
conditions will apply: |
|
| (i) |
Registry Policy. You acknowledge and understand that by
accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or
policies that exist now or in the future and which are posted on the Registry website at http://www.dns.be/en/home.php?n=51. You are responsible for monitoring the
Registrys site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any
Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy
regarding such cancellation. |
| (ii) |
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 .be 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.dns.be/en/home.php?n=53. |
|
| (c) |
.ca Domains. In the case of a ".ca" registration, the following terms and
conditions will apply: |
|
| (i) |
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 http://www.cira.ca/en/cat_Dpr.html. Please take the
time to familiarize yourself with this policy. |
| (ii) |
Registry Policy. You agree that your registration of the
domain name shall be subject to suspension, cancellation, or transfer pursuant to any Registry-adopted policy, or pursuant
to any registrar or registry procedure not inconsistent with a Registry adopted policy, (1) to correct mistakes by Tucows or
the Registry in registering the name or (2) for the resolution of disputes concerning the domain name. |
| (iii) |
Transfer of Ownership. Any transfer of ownership in and to
a domain name registration shall be affected in accordance with registry policies and procedures. |
| (iv) |
Registry Agreement and Policy. You acknowledge and
understand that by accepting the terms and conditions of this agreement you shall be bound by the Registrys Registrant
Agreement, the Registrys policies and any pertinent rules or policies that exist now or in the future and which are posted
on the Registry website at http://www.cira.ca/en/doc_Registrar.html.
You are responsible for monitoring the Registrys site on a regular basis. In the event that you do not wish to be bound by
a revision or modification to any Registry agreement or policy, your sole remedy is to cancel your domain name registration
by following the appropriate Registry policy regarding such cancellation. |
| (v) |
You acknowledge and agree that the Registry shall not be
liable to you for any loss, damage, or expense arising out of the Registrys failure or refusal to register a domain name,
its failure or refusal to renew a domain name registration, its registration of a domain name, its failure or refusal to
renew a domain name registration, its renewal of a domain name registration, its failure or refusal to transfer a domain
name registration, its transfer of a domain name registration, its failure or refusal to maintain or modify a domain name
registration, its maintenance of a domain name registration, its modification of a domain name registration, its failure to
cancel a domain name registration or its cancellation of a domain name registration from the Registry; |
|
| (d) |
.cc Domains. In the case of a ".cc" registration, the following terms and
conditions will apply: |
|
| (i) |
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.nic.cc/policies/dispute.html.
Please take the time to familiarize yourself with this policy. |
| (ii) |
Registry Policy. You acknowledge and understand that by
accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or
policies that exist now or in the future and which are posted on the Registry website at: http://www.enic.cc/en-def-c2689f094aa0/en/policies/policies.shtml.
You are responsible for monitoring the Registrys site on a regular basis. In the event that you do not wish to be bound by
a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following
the appropriate Registry policy regarding such cancellation. |
|
| (e) |
.ch Domains. In the case of a ".ch" registration, the following terms and
conditions shall apply: |
|
| (i) |
Registry Policy. You acknowledge and understand that by
accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or
policies that exist now or in the future and which are posted on the Registry website at http://www.switch.ch/id/terms. You are responsible for monitoring the Registrys
site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry
policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding
such cancellation. |
| (ii) |
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 .ch 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.switch.ch/id/disputes/rules. Please
take the time to familiarize yourself with this policy. |
|
| (f) |
.cn Domains. In the case of a ".cn" registration, the following terms and
conditions shall apply: |
|
| (i) |
"Registry" means the China Internet Network Information
Center, which is the authority responsible for the administration of the national top-level domain of the Peoples Republic
of China and the Chinese domain name system; |
| (ii) |
"Registry Gateway" means the service provided by the
Registry Operator that facilitates the registration of .cn domain names by registrars operating outside of the Peoples
Republic of China; |
| (iii) |
"Registry Operator" means Neustar, Inc., the company
authorized to facilitate the registration of .cn domain names by registrars operating outside of the Peoples Republic of
China. |
| (iv) |
Restrictions. You agree that you shall not register or use
a domain name that is deemed by CNNIC to: |
|
| (A) |
be against the basic
principles prescribed in the Constitution of the Peoples Republic of China ("PRC"); |
| (B) |
jeopardize national
security, leak state secrets, intend to overturn the government or disrupt the integrity of the PRC; |
| (C) |
harm national honour
and national interests of the PRC; |
| (D) |
instigate hostility
or discrimination between different nationalities or disrupt the national solidarity of the PRC; |
| (E) |
spread rumours,
disturb public order or disrupt social stability of the PRC; |
| (F) |
spread pornography,
obscenity, gambling, violence, homicide, terror or instigate crimes in the PRC; |
| (G) |
insult, libel
against others and infringe other peoples legal rights and interests in the PRC; or |
| (H) |
take any other
action prohibited in laws, rules and administrative regulations of the PRC. |
|
| (v) |
Business or Organization Representation. .cn domain name
registrations are intended for businesses and organizations and not for individual use. By registering a .cn name, you
accordingly represent that you have registered the domain name on behalf or a business or organization. It should be noted
that, although .cn policy is permissive in terms of registration, and enforcement is generally in reaction to a complaint
(as opposed to proactive review), registrations that are not associated with an organization or business may be subject to
deletion. The foregoing prevents an individual from registering a .cn domain name for a business operating as a sole
proprietorship. |
| (vi) |
Domain Name Disputes. You acknowledge having read and
understood and agree to be bound by the terms and conditions of the CNNIC Domain Name Dispute Policy & Rules for CNNIC
Dispute Resolution Policy ("Dispute Policy"), as they may be amended from time to time, which are hereby incorporated and
made an integral part of this Agreement. The Dispute Policy is currently found at: http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm. |
| (vii) |
You acknowledge that, pursuant to the Dispute Policy,
Registrars must comply with all reasonable requests from the applicable domain name dispute resolution institutions
including the provision of all relevant evidence in any domain name disputes in the specified time frames. |
| (viii) |
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. |
| (ix) |
Adherence to Policies. You agree to comply with all
applicable laws, regulations and policies of the Peoples Republic of Chinas governmental agencies and the China Internet
Network Information Centre ("CNNIC"), including but not limited to the following rules and regulations: |
|
|
|
You acknowledge that you have read and understood and agree
to be bound by the terms and conditions of the policies of the CNNIC, as they may be amended from time to time. |
| (x) |
Suspension and Cancellation. You agree that your
registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Tucows, Registry
Operator, CNNIC or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a
CNNIC or government-adopted policy, (1) to correct mistakes by a party in registering the name, (2) for the resolution of
disputes concerning the domain name, (3) to protect the integrity and stability of the registry, (4) to comply with any
applicable laws, government rules or requirements, requests of aw enforcement, (5) to avoid any liability, civil or
criminal, on the part of Tucows, Registry Operator or CNNIC, as well as their affiliates, subsidiaries, directors,
representatives, employees and stockholders or (6) for violations of this Agreement. Tucows, Registry Operator and CNNIC
also reserve the right to "freeze" a domain name during the resolution of a dispute. |
| (xi) |
Jurisdiction. For the adjudication of disputes concerning
or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the Registrants domicile, (2) where Tucows is located, and (3) the
Peoples Republic of China. |
| (xii) |
Governing Law. For the adjudication of a dispute concerning
or arising from use of a .cn domain, such dispute will be governed under the Laws of the Peoples Republic of China. |
|
| (g) |
.de Domains. In the case of a ".de" registration, the following terms and
conditions will apply: |
|
| (i) |
Selection of a Domain Name. You represent that: |
|
| (A) |
you have reviewed
and have accepted the Registrys Terms and Conditions and the Registrys Guidelines and have provided your Reseller with
written confirmation of same;you have reviewed and have accepted the Registrys Terms and Conditions and the Registrys
Guidelines and have provided your Reseller with written confirmation of same; |
| (B) |
either you, or the
person designated as the administrative contact for the domain name, shall be resident or shall have a branch in
Germany; |
| (C) |
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. |
|
| (ii) |
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 by the
Registry or any court of law. 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 specified by the Registry or any court of law. |
| (iii) |
Registry Policies. You agree to be bound by the Registrys
Registration Terms and Conditions and the Registration Guidelines. English language translations of the Registrys documents
are provided for convenience; in the event of a discrepancy between the English and the German language agreements, the
terms of the German agreement will prevail. The Registry documents may be found at: |
|
|
|
| (h) |
.eu domains. In the case of a ".eu" registration, the following terms and
conditions will apply: |
|
| (i) |
Eligibility Criteria. .eu domain names are available for
registration to companies and persons who fulfill the following criteria. As a condition of registration, you accordingly
represent that you are: |
|
| (A) |
an undertaking
having its registered office, central administration or principal place of business within the European Community; |
| (B) |
an organization
established within the European Community without prejudice to the application of national law, or |
| (C) |
a natural person
resident within the European Community. |
|
| (ii) |
Registry Policy. You acknowledge and understand that by
accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or
policies that exist now or in the future and which are posted on the Registry website. Registration policies of the Registry
and the terms and conditions applicable to your .eu registration may be found at: http://www.eurid.eu/en/general/launch. You are responsible for monitoring
the Registrys site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any
Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy
regarding such cancellation. |
| (iii) |
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 by the
Registry or any court of law. |
|
| (i) |
.fr Domains. In the case of a ".fr" registration, the following terms and
conditions will apply: |
|
| (i) |
Representation of Registrant. .fr domain names are
available for registration to companies and persons who fulfill the following criteria. As a condition of registration, you
accordingly represent that you are: |
|
| (A) |
A legal entity: |
|
| (I) |
whose head
office is in France; (or), |
| (II) |
which
possess an address in France which is expressly listed in the public electronic databases of the registrars of the
commercial courts or the National Statistical and Economic Studies Institute (INSEE), (or), |
| (III) |
State
institutions or departments, local authorities or associated establishments, (or), |
| (IV) |
which own a
trademark registered with the National Intellectual Property Institute or own a registered EU or international trademark
which expressly includes French territory. |
|
| (ii) |
Administrative Contact. Each registrant must
designate an administrative contact to act as a coordinator between the registrant and the Registry. In the case of .fr
registrations, the administrative contact must be based in France where it can receive legal and other documents. |
| (iii) |
Registry Policies. You agree to be bound by the
Registrys Naming Charter, its registration rules for .fr. English language translations of the Registrys documents are
provided for convenience. The Registry documents may be found at: www.afnic.fr/obtenir/chartes/nommage-fr. |
| (iv) |
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 by the Registry or any court of law. The current .fr dispute resolution policy and procedures can be found at http://www.afnic.fr/doc/ref/juridique/parl. 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 specified by the Registry or any court of law. |
|
| (j) |
.it Domains. In the case of a "it" registration, the following terms and conditions shall
apply: |
|
| (i) |
Registration Criteria. Registration of an .it name
is restricted to subjects belonging to a member state of the European Union. Individuals and associations operating without
a VAT number or a fiscal code are limited to a single domain name registration. |
| (ii) |
Registry Policy. You acknowledge and understand
that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules
or policies that exist now or in the future and which are posted on the Registry website at http://www.nic.it/NA/regole-naming-curr-engl.txt. You are
responsible for monitoring the Registrys site on a regular basis. In the event that you do not wish to be bound by a
revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following
the appropriate Registry policy regarding such cancellation. Additional policies, including transfer procedures and
"netiquette" rules may be found at
http://www.nic.it/NA/index-engl.html. |
|
| (k) |
.nl Domains. In the case of a ".nl" registration, the following terms and conditions shall
apply: |
|
| (i) |
Registration Criteria. Registration of a .nl domain
name is unrestricted save and except that applicants who are not based in the Netherlands or who do not have a registered
address in the Netherlands must provide an address in the Netherlands where written documents can be sent to the applicant
and where legal summonses can be served. |
| (ii) |
Registry Policies. You agree to be bound by the
policies of the Registry including but not limited to the Registrys Registration Regulations. English language translations
of the Registrys documents are provided for convenience and may be found at: http://www.sidn.nl/ace.php/c,728,2679,,,,Regulations_for_registration_of_nl_domain_names.html.
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 by the Registry or any court of law. The current .nl dispute resolution policy and procedures
can be found at http://www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations_for_arbitration_on_.nl_domain_names/index.html.
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 specified by the Registry or any court of law. |
|
| (l) |
.tv Domains. In the case of a ".tv" registration, the following terms and conditions will
apply: |
|
| (i) |
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.icann.org/dndr/udrp/policy.htm. Please take the time to
familiarize yourself with this policy. |
| (ii) |
Policy . You agree that your registration of the
.tv domain name shall be subject to suspension, cancellation, or transfer pursuant to any 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. You acknowledge that you have reviewed the .tv General Terms of Service which may be found at:
http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml
and expressly agree to the terms outlined therein. |
|
| (m) |
.uk Domains. In the case of a .uk registration, the following terms and conditions will
apply: |
|
| (i) |
"Nominet UK" means the entity granted the exclusive
right to administer the registry for .uk domain name registrations. |
| (ii) |
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: http://www.nominet.org.uk/disputes/.
Please take the time to familiarize yourself with this policy. |
| (iii) |
Nominet UK Policy. You agree that your registration
of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Nominet UK-adopted policy, term
or condition, or pursuant to any registrar or registry procedure not inconsistent with an Nominet UK-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. The current Nominet UK terms and conditions can be found at: http://www.nominet.org.uk/registrants/legal/terms/.
When you submit a request for a domain name registration
with Tucows and/or Reseller, you will be entering into two contracts one contract with Tucows and/or Reseller and one
contract with Nominet UK.
Tucows and your Reseller will act as agents on your behalf by
submitting your application to Nominet for you, however, you will still be entering into a direct contract between you and
Nominet UK. This is a separate contract from this agreement; may be found at http://resellers.tucows.com/contracts/uk/ukterms. Tucows and
Reseller must also make you aware that by accepting Nominets terms and conditions you are consenting to Nominet using your
personal data for a variety of reasons. In particular, your name and address may be published as part of Nominets Whois
look-up service. |
| (iv) |
Transfer of Ownership. Any transfer of ownership in
and to a domain name registration shall be affected in accordance with Nominet UK policies and procedures. |
|
| (n) |
.us Domains. In the case of a ".us" registration, the following terms and conditions will
apply: |
|
| (i) |
"DOC" means the United States of America Department
of Commerce. |
| (ii) |
".us Nexus Requirement". Only those individuals or
organizations that have a substantive lawful connection in the United States are permitted to register for .usTLD domain
names. Registrants in the .usTLD must satisfy the nexus requirement ("Nexus" or "Nexus Requirements") set out at: http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf. |
| (iii) |
Selection of a Domain Name. You certify and
represent that: |
|
| (A) |
You have and
shall continue to have, a bona fide presence in the United States on the basis of real and substantial lawful contacts with,
or lawful activities in, the United States as defined in Section (ii) hereinabove; |
| (B) |
The listed
name servers are located within the United States; |
| (C) |
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, up-to-date and complete; |
| (D) |
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; |
| (E) |
That the
domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever;
|
| (E) |
You have the
authority to enter into this Registration Agreement. |
|
| (iv) |
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 and the usDRP, as defined below, that is incorporated herein and made a part of this Agreement by reference.
Please take the time to familiarize yourself with these policies. |
| (v) |
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: |
|
| (A) |
The Nexus
Dispute Policy ("Dispute Policy), available at: http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf.
The Dispute Policy will provide interested parties with an opportunity to challenge a registration not complying with the
Nexus Requirements. |
| (B) |
The usTLD
Dispute Resolution Policy ("usDRP") available at: http://www.neustar.us/policies/docs/usdrp.pdf. The usDRP is
intended to provide interested parties with an opportunity to challenge a registration based on alleged trademark
infringement. |
| (C) |
In addition
to the foregoing, you agree that, for the adjudication of disputes concerning or arising from use of the Registered Name,
you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (i) of
your domicile, (ii) where Tucows is located, and (iii) the United States. |
|
| (vi) |
Policy. You agree that your registration of the
domain name shall be subject to suspension, cancellation, or transfer pursuant to any Tucows, Registry Operator, the DOC or
government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a DOC 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. The Registry Operators policies can be found at http://www.neustar.us/policies. |
| (vii) |
Indemnity. The DOC shall be added to the parties
you have agreed to indemnify in Section 13 hereinabove. |
| (viii) |
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: |
|
| (A) |
Your full
name, postal address, e-mail address and telephone number and fax number (if available) (or, if different, that of the
domain name holder); |
| (B) |
The domain
name being registered; |
| (C) |
The name,
postal address, e-mail address, and telephone number and fax number (if available) telephone numbers of the administrative
contact, the technical contact and the billing contact for the domain name; |
| (D) |
The IP
addresses and names of the primary nameserver and any secondary nameserver(s) for the domain name; |
|
| (ix) |
In addition to the foregoing, you will be required
to provide additional Nexus Information. The Nexus Information requirements are set out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
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 Reseller. |
| (x) |
Disclosure and Use of the Registration Information.
You agree and acknowledge that we will make domain name registration information you provide available to the DOC, to the
Registry Operator, 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 the
DOC 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 Reseller.
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. |
33. WHOIS PRIVACY SERVICE. The following terms and conditions will apply if you subscribe to the Whois Privacy
Service:
| (a) |
Subscribers to the Whois Privacy Service have elected to include the following information in the
publicly available Whois Registry: |
|
| (i) |
Contactprivacy.com shall appear as the Registrant
and Contacts name(s); |
| (ii) |
Tucows postal address and a Tucows assigned email
address and telephone number shall appear on behalf of the Registrant and the Contact(s); |
| (iii) |
The primary and secondary nameservers shall be those
designated by the Registrant; |
| (iv) |
The original date of registration and the expiration
of each domain name; |
| (v) |
Tucows will be identified as the registrar
of record. |
|
| (b) |
You understand and agree that the Registrant and Contact Information that you have provided will be kept
on file. You further agree and warrant that you will ensure that the Whois Information is true, accurate and up to date.
|
| (c) |
You will will retain complete control over the domain name and its registration records and may suspend
and reinstate the Whois Privacy Service at your discretion. |
| (d) |
The Whois Privacy Service may be used with both new and existing domain name registrations. You may use
the Whois Privacy Service with respect to a domain name that has been transferred but it will only commence after the
transfer has been completed. If you wish to transfer the domain name to a different registrar,the Whois Privacy Service must
be disabled in order to initiate the transfer. |
| (e) |
We will send all obligatory renewal and transfer related messages to the Contacts you have designated.
|
| (f) |
Communications Forwarding. Communications received with respect to a particular domain name
registration will be handled as follows: |
|
| (i) |
We will forward to you or a Contact all
correspondence received by registered mail or traceable courier. This information may be opened, scanned and emailed to you
or your Contact.. Regular postal mail will be discarded or returned to sender at our discretion. |
| (ii) |
Email correspondence will be forwarded according to
the instructions of the Registrant as they appear in our records. |
| (iii) |
A voice mail message will advise all callers that
inbound messages will not be accepted; calls will be directed to the contactprivacy.com web site where written messages will
be forwarded according to your instructions. |
| (iv) |
We will only be responsible for forwarding
communications where our details have appeared in the whois and when your Whois Information is accurate, complete and up to
date. |
|
| (g) |
Right to Suspend and Disable. We shall have the right, at our sole discretion and without liability to
you or any of your Contacts, suspend or cancel your domain name and to reveal Registrant and Contact Whois Information in
certain circumstances, including but not limited to the following: |
|
| (i) |
when required by law; |
| (ii) |
in the good faith belief that disclosure is
necessary to further determination of an alleged breach of a law; |
| (iii) |
to comply with a legal process served upon
Tucows; |
| (iv) |
to resolve any and all third party claims including
but not limited to ICANNs or a Registrys dispute resolution policy; |
| (v) |
to avoid financial loss or legal liability |
| (v) |
to avoid financial loss or legal liability |
| (vi) |
if we believe that you or one of your Contacts is
using the Whois Privacy Service to conceal involvement with illegal, illicit, objectionable or harmful activities; or |
| (vii) |
to transmit SPAM, viruses, worms or other harmful
computer programs. |
|
| (h) |
You understand and agree that, in the event that we receive a formal complaint, notice of claim or UDRP,
that we will have the right to disable the Whois Privacy Service pending final disposition of the matter. |
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.
|