:: Domain Name Registration Agreement
.ORG Registration Agreement
In order that a party may hold a valid .org
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 .org domain
name via SupraLink you accordingly agree as follows:
1. AGREEMENT. In this Registration Agreement ("Agreement")
"you" and "your" refer to the registrant of each domain name
registration, "we", "us" and "our" refer to Tucows Inc. and
"Services" refers to the domain name registration provided by us as
offered through SupraLink Solutions Inc., the Registration Service Provider
("SupraLink"). This Agreement explains our obligations to you, and
explains your obligations to us for the Services.
2. SELECTION OF A DOMAIN NAME. You represent that, to the
best of the your knowledge and belief, neither this registration of
a domain name nor the manner in which it is directly or indirectly
to be used infringes upon the legal rights of a third party and,
further, that the domain name is not being registered for nor shall
it at any time whatsoever be used for any unlawful purpose
whatsoever.
3. FEES. As consideration for the Services, you 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 Account
Information and all other statements put forth in your application
are true, complete and accurate. Both Tucows and the Registry
reserve 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 the
Registry to terminate this Agreement immediately upon such breach
without any refund and without notice to you.
4. TERM. This Agreement will remain in full force during the
length of the term of your Domain Name Registration as selected,
recorded, and paid for upon registration of the Domain Name. Should
you choose to renew or otherwise lengthen the term of your Domain
Name Registration, then the term of this Registration Agreement will
be extended accordingly. Should the domain name be transferred to
another Registrar, the terms and conditions of this contract shall
cease.
5. MODIFICATIONS TO AGREEMENT. You agree that either we or
the Registry 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 website 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 further
agree to be bound by the ICANN Uniform Dispute Resolution Policy
("Dispute Policy") as presently written and posted on
http://www.icann.org/udrp.udrp-policy-24oct99.htm and as such
shall be amended from time to time. You acknowledge that if you do
not agree to any such modifications, you may request that your
domain name be deleted from the domain name database.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of
your account information with us, you must use your Account
Identifier and Password that you selected when you opened your
account with us. You agree to safeguard your Account Identifier and
Password from any unauthorized use. In no event shall we be liable
for the unauthorized use or misuse of your Account Identifier or
Password.
7. DOMAIN NAME DISPUTE POLICY. If you reserved or registered
a domain name through us, or transferred a domain name to us from
another registrar, you agree to be bound by the Dispute 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/udrp.udrp-policy-24oct99.htm. Please take
the time to familiarize yourself with this policy.
8. DOMAIN NAME DISPUTES. You agree that, if the registration
or reservation of your domain name is challenged by a third party,
you will be subject to the provisions specified in the Dispute
Policy. You agree that in the event a domain name dispute arises
with any third party, you will indemnify and hold us harmless
pursuant to the terms and conditions contained in the Dispute
Policy. For any dispute, you agree to submit to the jurisdiction of
the courts of you, the registrant’s domicile, and the courts where
we, Tucows, are located.
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 the Registry in registering the name or
(2) for the resolution of disputes concerning the domain name.
10. AGENCY. Should you intend to license use of a domain name
to a third party you shall nonetheless be the domain name holder of
record and are therefore responsible for providing your own full
contact information and for providing and updating accurate
technical and administrative contact information adequate to
facilitate timely resolution of any problems that arise in
connection with the domain name. You shall accept liability for harm
caused by wrongful use of the domain name. You represent that you
have provided notice of the terms and conditions in this Agreement
to any third party licensee and that the third party agrees to the
terms hereof.
11. ANNOUNCEMENTS. We reserve the right to distribute
information to you that is pertinent to the quality or operation of
our services and those of our service partners. These announcements
will be predominately informative in nature and may include notices
describing changes, upgrades, new products or other information to
add security or to enhance your identity on the Internet.
12. LIMITATION OF LIABILITY. You agree that our entire
liability, and your exclusive remedy, with respect to any
Services(s) provided under this Agreement and any breach of this
Agreement is solely limited to the amount you paid for such
Service(s). We and our contractors 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 us,
our contractors, agents, employees, officers, directors and
affiliates and the Registry, Public Interest Registry, and its
directors, officers, employees, agents and affiliates 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 with your computer, 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 may be
considered by us to 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.
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 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 will not be transferred until we receive such written
assurances or other reasonable assurance that the Transferee has
been bound by the contractual terms of this Agreement (such
reasonable assurance as determined by us in our sole discretion)
along with the applicable transfer fee. If the Transferee fails to
be bound in a reasonable fashion (as determine by us in our sole
discretion) to the terms and conditions in this Agreement, any such
transfer will be null and void.
15. BREACH. You agree that failure to abide by any provision
of this Agreement, any operating rule or policy or the Dispute
Policy provided by us, may be considered by us to be a material
breach and that we may provide a written notice, describing the
breach, to you. If within thirty (30) calendar days of the date of
such notice, you fail to provide evidence, which is reasonably
satisfactory to us, that you have not breached your obligations
under the Agreement, then we may delete the registration or
reservation of your domain name. Any such breach by you shall not be
deemed to be excused simply because we did not act earlier in
response to that, or any other breach by you.
16. NO GUARANTY. You acknowledge that registration or
reservation of your chosen domain name does not confer immunity from
objection to the registration, reservation or use of the domain
name.
17. DISCLAIMER OF WARRANTIES. You agree that your use of our
Services is solely at your own risk. You agree that such Service(s)
is provided on an "as is," "as available" basis. We expressly
disclaim all warranties of any kind, whether express or implied,
including but not limited to the implied warranties of
merchantability, fitness for a particular purpose and
non-infringement. We make no warranty that the Services will meet
your requirements, or that the Service(s) will be uninterrupted,
timely, secure, or error free; nor do we make any warranty as to the
results that may be obtained from the use of the Service(s) or as to
the accuracy or reliability of any information obtained through the
Service or that defects in the Service will be corrected. You
understand and agree that any material and/or data downloaded or
otherwise obtained through the use of Service is done at your own
discretion and risk and that you will be solely responsible for any
damage to your computer system or loss of data that results from the
download of such material and/or data. We make no warranty regarding
any goods or services purchased or obtained through the Service or
any transactions entered into through the Service. No advice or
information, whether oral or written, obtained by you from us or
through the Service shall create any warranty not expressly made
herein.
18. INFORMATION. As part of the registration process, you are
required to provide us certain information and to update us promptly
as such information changes such that our records are current,
complete and accurate. You are obliged to provide us the following
information:
(i) Your name and postal address (or, if different, that of the
domain name holder);
(ii) The domain name being registered;
(iii) The name, postal address, e-mail address, and voice and fax
(if available) telephone numbers of the administrative contact for
the domain name; and
(iv) The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the billing contact for the domain
name.
Any other information, which we request from you at registration, is
voluntary. Any voluntary information we request is collected such
that we can continue to improve the products and services offered to
you through SupraLink.
19. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree
and acknowledge that we will make domain name registration
information you provide available to ICANN, to the registry
administrators, and to other third parties as applicable. You
further agree and acknowledge that we may make publicly available,
or directly available to third party vendors, some, or all, of the
domain name registration information you provide, for purposes of
inspection (such as through our WHOIS service) or other purposes as
required or permitted by ICANN and applicable laws.
You hereby consent to any and all such disclosures and use of, 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.
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.
We will not process data about any identified or identifiable
natural person that we obtain from you in a way incompatible with
the purposes and other limitations which we describe in this
Agreement.
We will take reasonable precautions to protect the information we
obtain from you from our loss, misuse, unauthorized accessor
disclosure, alteration or destruction of that information.
20. REVOCATION. Your willful provision of inaccurate or
unreliable information, your willful failure promptly to update
information provided to us, or 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 the ICANN Agreement or an
ICANN/Registry Operator policy.
21. RIGHT OF REFUSAL. We, in our sole discretion, reserve the
right to refuse to register or reserve your chosen domain name or
register you for other Services. In the event we do not register or
reserve your domain name or register you for other Services, or we
delete your domain name or other Services within such thirty (30)
calendar day period, we agree to refund your applicable fee(s). You
agree that we shall not be liable to you for loss or damages that
may result from our refusal to register, reserve, or delete your
domain name or register you for other Services.
We reserve the right to delete or transfer your domain name within a
thirty (30) day period following registration if we believe the
registration has been made possible by a mistake, made either by us
or by a third party.
22. SEVERABILITY. You agree that the terms of this Agreement
are severable If any term or provision is declared invalid or
unenforceable, that term or provision will be construed consistent
with applicable law as nearly as possible to reflect the original
intentions of the parties, and the remaining terms and provisions
will remain in full force and effect.
23. NON-AGENCY. Nothing contained in this Agreement or the
Dispute Policy shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties.
24. NON-WAIVER. Our failure to require performance by you of
any provision hereof shall not affect the full right to require such
performance at any time thereafter; nor shall the waiver by us of a
breach of any provision hereof be taken or held to be a waiver of
the provision itself.
25. NOTICES. Any notice, direction or other communication
given under this Agreement shall be in writing and given by sending
it via e-mail or via regular mail. 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 notification to us or, in
the case of notice to you, at 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:
TUCOWS Inc.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1
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.
26. ENTIRETY. You agree that this Agreement, the rules and
policies published by us and the Dispute Policy are the complete and
exclusive agreement between you and us regarding our Services. This
Agreement and the Dispute Policy supersede all prior as and
understandings, whether established by custom, practice, policy or
precedent.
27. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND
INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF
ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT
REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO
THIS AGREEMENT MUST BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY
CONSENT TO THE JURISDICTION OF SUCH COURTS.
28. INFANCY. You attest that you are of legal age to enter
into this Agreement.
29. FORCE MAJEURE. You acknowledge and agree that neither we
nor the 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.
30. 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.
31. 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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