Additional domain name registration Terms & Conditions for .COM, .NET and .ORG
The following terms and conditions apply to .COM, .NET and .ORG domain name registrations:
Exhibit A
Registration Agreement
1.
In this Registration Agreement ("Agreement") "Registrant", "you" and "your" refers to the registrant of each domain
name registration, "we", "us" and "our" refers to Tucows.com Co., and "Services" refers to the domain name
registration services provided by us as offered through Fasthosts Internet Limited / UKReg, the Registration
Service Provider ("Reseller"). Any reference to a "registry," "Registry" or "Registry Operator" shall refer to the
registry administrator of the applicable TLD or ccTLD. This Agreement explains our obligations to you, and explains
your obligations to us for the Services. By agreeing to the terms and conditions set forth in this Agreement, you are
also agreeing to be bound by the rules and regulations set forth by a registry for that particular registry only.
2. SELECTION OF A DOMAIN NAME.
You acknowledge and agree that we cannot guarantee that you will obtain a desired domain name
registration; even if an inquiry indicates that a domain name is available at the time of your
application for same. You represent that, to the best of the your knowledge and belief, neither
the registration of the 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.
3. FEES.
As consideration for the Services, you agree to pay Reseller the applicable service(s) fees prior
to the effectiveness of a desired domain name registration or any renewal thereof. All fees
payable hereunder are non-refundable even if your domain name registration is suspended,
cancelled or transferred prior to the end of your current registration term. 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"). You represent
that the Account Information and all other statements put forth in your application are true, complete
and accurate. Both Tucows and each registry reserves the right to terminate your domain name registration if:
i. information provided by you or your agent is false, inaccurate, incomplete, unreliable, misleading or
otherwise secretive; or
ii. you have failed to maintain, update and keep your Account Information true, current, complete, accurate and
reliable. You acknowledge that a breach of this Section 3 will constitute a material breach of our Agreement which
will entitle either us or a registry to terminate this Agreement immediately upon such breach without any refund
and without notice to you.
4. TERM.
This Agreement will remain in effect during the term of your domain name registration as selected, recorded and
paid for at the time of registration or any renewal thereof. Should the domain name be transferred to another
registrar, the terms and conditions of this Agreement shall cease.
5. MODIFICATIONS TO AGREEMENT.
You acknowledge that the practice of registering and administering domain names is constantly evolving; therefore,
you agree that Tucows may modify this Agreement, or any other related and/or applicable agreement, as is necessary
to comply with its agreements with ICANN, a registry or any other entity or individual, as well as to adjust to
changing circumstances. Your continued use of the domain name registered to you will constitute your acceptance
of this Agreement with any revisions. If you do not agree to any change, you may request that your domain name
registration be cancelled or transferred to a different accredited registrar. You agree that such cancellation
or request for transfer will be your exclusive remedy if you do not wish to abide by any change to this Agreement,
or any other related and/or applicable agreement.
6. MODIFICATIONS TO YOUR ACCOUNT.
In order to change any of your account information with us, you must use the 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. NO GUARANTY.
You acknowledge that registration or reservation of your chosen domain name does not confer immunity from
objection to the Registration, reservation or use of the domain name.
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 dispute policy adopted
by the applicable registry. 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 applicable policy. If Tucows is notified that a complaint has been filed with
a judicial or administrative body regarding your domain name, Tucows may, at its sole discretion,
suspend your ability to use your domain name or to make modifications to your registration records until
1. Tucows is directed to do so by the judicial or administrative body, or
2. Tucows receives notification by you and the other party contesting your domain that the dispute has been
settled.
Furthermore, you agree that if you are subject to litigation regarding your registration or use of your
domain name, Tucows may deposit control of your registration record into the registry of the judicial body by
supplying a party with a registrar certificate from us.
9. POLICY.
You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer
pursuant to a Tucows, registry, ICANN or government-adopted policy, or pursuant to any registrar or registry
procedure not inconsistent with a Tucows, registry, ICANN or government-adopted policy,
1. to correct mistakes by us or a 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 will secure the agreement of any third party to the
terms and conditions in this Agreement.
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 the initial
registration of your domain name. Tucows and its directors, employees, affiliates, subsidiaries, agents and
third party providers, ICANN and the applicable registries shall not 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 states do not allow the exclusion or limitation
of liability for consequential or incidental damages, in such states, 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 mis-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.
13. INDEMNITY.
You agree to release, indemnify, and hold Tucows, its contractors, agents, employees, officers, directors and
affiliates, ICANN, the applicable registries and their respective directors, officers, employees, agents and
affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties
arising out of or relating to the registration or use of the domain name registered in your name including
without limitation infringement by you or a third party with access to your Account Identifier and Password.
You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in
the applicable 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 may be considered by
us to be a breach of your Agreement and may result in the suspension or cancellation of your domain name. This
indemnification obligation will survive the termination or expiration of this Agreement.
14. TRANSFER OF OWNERSHIP.
The person named as registrant on the WHOIS shall be the registered name holder. The person named as administrative
contact at the time the controlling Account Identifier and Password are secured, shall be deemed the designate of
the registrant with the authority to manage 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. 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.
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 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. 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.
17. 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:
1. your name and postal address (or, if different, that of the domain name holder);
2. the domain name being registered;
3. the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the
administrative contact for the domain name;
4. the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the
billing contact for the domain name; and
5. the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the
technical contact for the domain name.
Any voluntary information we request is collected in order that we can continue to improve the products and
services offered to you through your Reseller.
18. 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, law enforcement agencies 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.
1. You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on
disclosure or 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.
2. 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.
3. We will not process or maintain 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.
4. We will take reasonable precautions to protect the information we obtain from you from our loss, misuse,
unauthorized disclosure, alteration or destruction of that information.
19. OBLIGATION TO MAINTAIN WHOIS.
Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information
provided to us, or any failure to respond to inquiries by us addressed to the email address of the registrant,
the administrative, billing or technical contact appearing in the WHOIS directory with respect to a domain name
concerning the accuracy of contact details associated with the registration shall constitute a material breach
of this Agreement and be a basis for cancellation of the domain name registration. Any information collected by
us concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the
registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by ICANN
or an applicable registry policy.
20. REVOCATION.
We, in our sole discretion, reserve the right to deny, cancel, suspend, transfer or modify any domain name
registration to correct a mistake, protect the integrity and stability of the company and any applicable
registry, to comply with any applicable laws, government rules, or requirements, requests of law enforcement,
in compliance with any dispute resolution process, or to avoid any liability, civil or criminal. You agree that
we shall not be liable to you for loss or damages that may result from our refusal to register or cancel, suspend,
transfer or modify your domain name registration.
21. INCONSISTENCIES WITH REGISTRY POLICIES.
In the event that this Agreement may be inconsistent with any term, condition, policy or procedure of an
applicable registry, the term, condition, policy or procedure of the applicable registry shall prevail.
22. 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.
23. 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 regular mail. In the case of email, valid notice shall only have been deemed to be given
when an electronic confirmation of delivery has been obtained by the sender. E-mail notification to Tucows
must be sent to lhutz@tucows.com. Any notice to you will be sent 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 five business days after the
date of mailing Postal notices to Tucows shall be sent to:
Tucows.Com Co.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1
CANADA
Attention: Legal Affairs
and in the case of notification to you shall be sent to the address specified in the "Administrative Contact"
in your WHOIS record.
24. ENTIRETY.
You agree that this Agreement, the applicable dispute policy and the rules and policies published by Tucows
and any applicable registry or other governing authorities are the complete and exclusive agreement between
you and us regarding our Services.
25. 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.
26. INFANCY.
You attest that you are of legal age to enter into this Agreement.
27. FORCE MAJEURE.
You acknowledge and agree that neither we nor the applicable registry shall be responsible for any failures
or delays in performing our respective obligations hereunder arising from any cause beyond our reasonable
control, including but not limited to, acts of God, acts of civil or military authority, fires, wars,
riots, earthquakes, storms, typhoons and floods.
28. PRIVACY.
Information collected about you is subject to the terms of Tucows' privacy policy, the terms of which are
hereby incorporated by reference. Tucows' privacy policy can be found at:
http://www.tucows.com/privacy.html
29. CONTROLLING LANGUAGE.
In the event that you are reading this Agreement in a language other than the English language, you acknowledge
and agree that the English language version hereof shall prevail in case of inconsistency or contradiction in
interpretation or translation.
30. TLD'S.
The following additional provisions apply to any domain names that you register through Tucows with the various
registries:
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.
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 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.
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.
Please note: by signing up for any of our services you agree to be bound by all Central
Domain Registry’s terms and conditions.
Please note: by signing up for any of our services you agree to be bound by all Central Domain
Registry’s terms and conditions.