:: Domain Name Registration Agreement
.CN Registration Agreement
In order that a party may hold a valid
.cn
domain name registration, SupraLink, requires that all registrants
adhere to certain terms and conditions. As an organization or
individual applying to register, transfer or renew an .cn domain
name via SupraLink you accordingly agree as follows:
1. AGREEMENT. In this Registration Agreement ("Agreement")
"Registrant", "you" and "your" refer to the registrant of each
domain name registration, "we", "us" and "our" refer to Tucows Inc.,
"Registry Operator" refers to NeuStar, Inc., "CNNIC" refers to the
China Network Information Centre, and "Services" refers to the
domain name registration provided by us as offered through
SupraLink Solutions Inc. ("SupraLink").
This Agreement explains our obligations to you, and explains your
obligations to us for various Services.
2. REPRESENTATIONS AND WARRANTIES. You certify and represent
that:
(a) You have supplied all of the information required in the domain
name registration application ("Application") and further, that the
data provided in the 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) You have the requisite power and authority to enter into this
Registration Agreement and to perform the obligations hereunder.
3. 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 honor and national interests of the PRC;
(d) instigate hostility or discrimination between different
nationalities or disrupt the national solidarity of the PRC;
(e) spread rumors, 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 people's legal
rights and interests in the PRC; or
(h) take any other action prohibited in laws, rules and
administrative regulations of the PRC.
4. ADHERENCE TO POLICIES. You agree to comply with all
applicable laws, regulations and policies of the Peoples Republic of
China's governmental agencies and the China Internet Network
Information Centre ("CNNIC"), including but not limited to the
following rules and regulations: (i) China Internet Domain Name
Regulations (currently at
http://www.cnnic.net.cn/ruler/20.shtml); (ii) CNNIC Detailed
Rules of Internet Domain Name Registration Administration (currently
at
http://www.cnnic.net.cn/ruler/16.shtml); (iii) CNNIC Domain Name
Dispute Resolution Policy (currently at
http://www.cnnic.net.cn/doc/e-10.shtml); and (iv) Rules for
CNNIC Domain Name Dispute Resolution Policy (currently at
http://www.cnnic.net.cn/doc/e-9.shtml). 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.
5. FEES. As consideration for the Services you have selected,
you agree to pay SupraLink the applicable service(s) fees. All fees
payable hereunder are non-refundable. As further consideration for
the Services, you agree to: (1) provide certain current, complete
and accurate information about you as required by the registration
process and (2) maintain and update this information as needed to
keep it current, complete and accurate. All such information shall
be referred to as account information ("Account Information"). By
submitting this Agreement, you represent that the statements in your
Application are true, complete and accurate.
6. 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, 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.
7. 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 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 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. We will not refund any fees paid by you if
you terminate your agreement with us.
8. MODIFICATIONS TO YOUR ACCOUNT. You shall maintain your own
records appropriate to document and prove the initial registration
date of the domain name. 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.
9. 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/ruler/20.shtml and
http://www.cnnic.net.cn/doc/e-10.shtml.
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.
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.
10. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You acknowledge
that the Dispute Policy may be modified from time to time. Any such
revised policy on our Web site at least fourteen (14) calendar days
before it becomes effective. You agree that, by maintaining the
registration of your domain name after modifications to the Dispute
Policy become effective, you have agreed to these modifications. You
acknowledge that if you do not agree to any such modification, you
may terminate this Agreement. We will not refund any fees paid by
you if you terminate your Agreement with us.
11. 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.
12. 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.
13. 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.
14. 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.
15. INDEMNITY. You agree to release, indemnify, and hold
Tucows, the Registry Operator, CNNIC, our respective 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. This indemnification obligation will survive the
termination or expiration of this agreement.
16. 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 user name 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. Your
domain name may 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.
17. BREACH. You agree that failure to abide by any provision
of this Agreement may be considered by us to be a material breach
and that we may provide a written notice, describing the breach, to
you. If 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.
18. 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.
19. 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. If you license
use of the domain name, you nonetheless agree that you shall accept
any and all liability for any harm caused by said licensed use and
suffered by Tucows, the Registry Operator and/or CNNIC. 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.
20. 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.
21. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree
and acknowledge that we will make domain name registration
information you provide available to CNNIC, 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 CNNIC 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 SupraLink.
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 CNNIC,
Registry Operator policy or pursuant to any applicable laws and
regulations. The parties shall take commercially reasonable steps to
protect Personal Data from loss, misuse, unauthorized disclosure,
alteration or destruction. Neither Tucows nor Registry Operator make
any representations as to how CNNIC uses, accesses or corrects any
Personal Data it receives from the Registry Operator.
22. INACCURATE OR UNRELIABLE DATA. You hereby represent and
warrant that 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 the information provided up to date. Your
wilful or negligent provision of inaccurate or unreliable
information, your wilful 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. No refunds shall be
made if a domain name is deleted as a result of enforcement of this
provision.
23. RIGHT OF REFUSAL. We, and/or Registry Operator, in our
sole discretion, reserve the right to refuse to register or reserve
your chosen domain name or register you for other Services. In the
event we do not register or reserve your domain name or register you
for other Services, or we delete your domain name or other Services
within such thirty (30) calendar day period, we agree to refund your
applicable fee(s). You agree that we shall not be liable to you for
loss or damages that may result from our refusal to register,
reserve, or delete your domain name or register you for other
Services.
We reserve the right to delete or transfer your domain name
following registration if we believe the registration has been made
possible by a mistake, made either by us or by a third party. We
also reserve the right to suspend a domain name during resolution of
a dispute.
24. 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.
25. 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.
26. 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.
27. 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 be given when an electronic
confirmation of delivery has been obtained by the sender. In the
case of e-mail, notifications must be sent to us at
lhutz@tucows.com, or in the case of notification to you, to the
e-mail address provided by you in your WHOIS record. Any e-mail
communication shall be deemed to have been validly and effectively
given on the date of such communication, if such date is a business
day and such delivery was made prior to 4:00 p.m. EST, otherwise it
will be deemed to have been delivered on the next business day. In
the case of regular mail notice, valid notice shall be deemed to
have been validly and effectively given 5 business days after the
date of mailing and, in the case of notification to us or to
SupraLink shall be sent to:
Our address:
TUCOWS Inc.
96 Mowat Avenue
Toronto, Ontario M6K 3M1
CANADA
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.
28. ENTIRETY. You agree that this Agreement, the rules and
policies published by Tucows, CNNIC and/or the Registry Operator 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.
29. GOVERNING LAW. SAVE AND EXCEPT AS NOTED BELOW, THIS
AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH
THE LAWS OF THE PROVINCE OF ONTARIO CANADA.
Notwithstanding the foregoing, for the adjudication of disputes
concerning or arising from use of the registered domain name, you
shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the
Registrant's domicile, (2) where Registrar is located, and 3) the
People's Republic of China.
For the adjudication of a dispute concerning or arising from use of
the domain name, such dispute shall be governed under the Laws of
the Peoples Republic of China.
30. INFANCY. You attest that you are of legal age to enter
into this Agreement.
31. FOREIGN LANGUAGE: 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.
32. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE
READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU
HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE
NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT
OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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