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 On-Line Systems, Inc., 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. During the
period following registration of a domain name and the appointment of active
name servers, we may post a stagnant web page and any revenues generated from
same shall be for our own account.
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. All amendments to this Agreement will be posted on our website.
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 (i) Tucows is directed to do so by the judicial or administrative
body, or (ii) 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, whether used by
yourself, licensed to a third party or pursuant to the Whois Privacy Service,
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. RENEWALS AND FORFEITURE. Domain names are registered for a finite
period of time. You will receive reminders immediately prior to the expiration
of your registration inviting you to renew your domain name. In the event that
you fail to renew your domain name in a timely fashion, your registration will
expire and we may, at our discretion, elect to assume the registration and may
hold it for our own account, delete it or we may sell it to a third party. You
acknowledge and agree that your right and interest in a domain name ceases upon
its expiration and that any expired domain name may be made available for
registration by a third party.
If you fail to renew your registration, your domain name may cease to resolve
and visitors to your site may be redirected to a default page informing them
that the site is no longer in service. This parked or default page may feature
advertisements posted by us for our own account.
If we have elected to renew the registration, you will be entitled to a grace
period during which you may re-register the domain name from us. Additional
costs may apply. During this grace period, we may post a parked page and/or may
revise the “Whois” registration records to include either our information or
that of your Reseller. The domain name may also be listed for auction. If the
name is sold during any such auction, it will be acquired by a third party on a
provisional basis and will remain available for re-registration by you during
our stated grace period. If you do not re-register the domain name during the
grace period, the auction sale will be concluded.
If you fail to renew your domain name registration during the grace period, you
acknowledge that you have abandoned the domain name and that it is available
for sale and registration by any third party.
16. 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.
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:
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(a)
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your name and postal
address (or, if different, that of the domain name holder);
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(b)
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the domain name being
registered;
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(c)
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the name, postal address,
e-mail address, and voice and fax (if available) telephone numbers of the
administrative contact for the domain name;
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(d)
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the name, postal address,
e-mail address, and voice and fax (if available) telephone numbers of the
billing contact for the domain name; and
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(e)
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the name, postal address,
e-mail address, and voice and fax (if available) telephone numbers of the
technical contact for the domain name.
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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.
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, 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.
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(a)
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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.
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(b)
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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.
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(c)
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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.
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(d)
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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.
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20. OBLIGATION TO MAINTAIN WHOIS. Your wilful 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. 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.
21. 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.
22. 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.
23. 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.
24. 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. 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 (5) 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.
25. 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 authority, are the complete and exclusive agreement
between you and us regarding our Services.
26. 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.
27. INFANCY. You attest that you are of legal age to enter into this
Agreement.
28. 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.
29. 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
30. 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. TLD’S. The following additional provisions apply to any domain names
that you register through Tucows with the various registries:
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(a)
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.com/net Domains: In the case of a “.com” or “.net” registration, the
following terms and conditions will apply:
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(i)
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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;
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(ii)
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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 Registrant’s
domicile, and (2) where Tucows is located, presently Toronto, Ontario.
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(b)
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.org Domains: In the case of a “.org” registration, the following
terms and conditions will apply:
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(i)
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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;
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(ii)
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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 Registrant’s domicile,
and (2) where Tucows is located, presently Toronto, Ontario.
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(c)
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.info Domains: In the case of a “.info” registration, the
following terms and conditions will apply:
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(i)
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Registrant’s Personal
Data. You consent to the use, copying, distribution, publication,
modification, and other processing of Registrant’s personal data by
Afilias, the .INFO registry, and its designees and agents, in a manner
consistent with the purposes specified pursuant to its contract;
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(ii)
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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;
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(iii)
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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 Registrant’s
domicile, and (2) where Tucows is located, presently Toronto, Ontario;
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(iv)
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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.
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(d)
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.biz Domains. In the case of a “.biz” registration, the following
terms and conditions will apply:
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(i)
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.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:
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(A)
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to exchange goods,
services, or property of any kind;
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(B)
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in the ordinary course
of business; or
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(C)
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to facilitate (i) the
exchange of goods, services, information or property of any kind; or (ii)
the ordinary course of trade or business.
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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.
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(ii)
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Selection of a Domain
Name. You represent that:
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(A)
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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;
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(B)
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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;
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(C)
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that the domain name is
not being registered for nor shall it at any time whatsoever be used for
any unlawful purpose whatsoever;
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(D)
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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;
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(E)
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you have the authority
to enter into this Registration Agreement; and
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(F)
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the registered domain
name is reasonably related to your business or intended commercial
purpose at the time of registration.
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(iii)
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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:
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(A)
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your full name;
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(B)
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your postal address;
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(C)
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your e-mail address;
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(D)
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your voice telephone
number;
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(E)
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your fax number (if
applicable);
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(F)
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the name of an
authorized person for contact purposes in the case of a registrant that
is an organization, association, or corporation;
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(G)
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the IP addresses of the
primary nameserver and any secondary nameserver for the domain name;
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(H)
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the corresponding names
of the primary and secondary nameservers;
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(I)
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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
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(J)
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any remark concerning
the domain name that should appear in the Whois directory.
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(K)
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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.
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(iv)
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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:
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(collectively, the
“Dispute Policies”).
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(v)
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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.
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(vi)
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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.
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(vii)
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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 Registrant’s
domicile, and (2) where Tucows is located, presently Toronto, Ontario.
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(e)
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.name Domains. In the case of a “.name” registration, the
following terms and conditions will apply:
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(i)
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.name Restrictions.
Registrations in the .name top-level domain must constitute an individual’s
“Personal Name”. For purposes of the .name restrictions (the
“Restrictions”), a “Personal Name” is a person’s 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.
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(ii)
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.name Representations. As
a .name domain name registrant, you hereby represent that:
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(A)
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the registered domain
name or second level domain (“SLD”) e-mail address is your Personal Name.
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(B)
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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,
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(C)
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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;
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(D)
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that the domain name is
not being registered for nor shall it at any time whatsoever be used for
any unlawful purpose whatsoever;
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(E)
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the registration
satisfies the Eligibility Requirements found at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
and
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(F)
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you have the authority
to enter into this Registration Agreement.
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(iii)
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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:
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(A)
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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;
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(B)
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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;
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(C)
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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
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(D)
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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.
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(iv)
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Registry reserves the
right to implement additional anti-spam measures, to block spam or mail
from systems with a history of abuse from entering Registry’s 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.
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(v)
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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.
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(vi)
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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.
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(vii)
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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.
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(viii)
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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 character’s
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.
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(ix)
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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.
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(x)
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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.
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(xi)
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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 Registrant’s
domicile, and (2) where Tucows is located, presently Toronto, Ontario.
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32. ccTLD’S
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(a)
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.at Domains. In the case of a “.at” registration, the following
terms and conditions will apply:
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(i)
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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 Registry’s 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.
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(b)
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.be Domains. In the case of a “.be” registration, the following
terms and conditions will apply:
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(i)
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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 Registry’s 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.
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(ii)
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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.
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(c)
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.ca Domains. In the case of a “.ca” registration, the following
terms and conditions will apply:
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(i)
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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.
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(ii)
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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.
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(iii)
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Transfer of Ownership.
Any transfer of ownership in and to a domain name registration shall be
affected in accordance with registry policies and procedures.
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(iv)
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Registry Agreement and
Policy. You acknowledge and understand that by accepting the terms and
conditions of this agreement you shall be bound by the Registry’s
Registrant Agreement, the Registry’s 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 Registry’s 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.
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(v)
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You acknowledge and agree
that the Registry shall not be liable to you for any loss, damage, or
expense arising out of the Registry’s failure or refusal to register a
domain name, it’s failure or refusal to renew a domain name registration,
it’s registration of a domain name, it’s failure or refusal to renew a
domain name registration, it’s renewal of a domain name registration, it’s
failure or refusal to transfer a domain name registration, it’s transfer of
a domain name registration, it’s failure or refusal to maintain or modify a
domain name registration, it’s maintenance of a domain name registration,
it’s modification of a domain name registration, it’s failure to cancel a
domain name registration or it’s cancellation of a domain name registration
from the Registry;
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(d)
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.cc Domains. In the case of a “.cc” registration, the following
terms and conditions will apply:
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(i)
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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.
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(ii)
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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 Registry’s 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.
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(e)
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.ch Domains. In the case of a “.ch” registration, the following
terms and conditions shall apply:
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(i)
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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 Registry’s 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.
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(ii)
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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.
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(f)
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.cn Domains. In the case of a “.cn” registration, the following
terms and conditions shall apply:
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(i)
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“Registry” means the
China Internet Network Information Center, which is the authority
responsible for the administration of the national top-level domain of the
People’s Republic of China and the Chinese domain name system;
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(ii)
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“Registry Gateway” means
the service provided by the Registry Operator that facilitates the
registration of .cn domain names by registrars operating outside of the
People’s Republic of China;
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(iii)
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“Registry Operator“ means
Neustar, Inc., the company authorized to facilitate the registration of .cn
domain names by registrars operating outside of the People’s Republic of
China.
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(iv)
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Restrictions. You agree
that you shall not register or use a domain name that is deemed by CNNIC to:
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(A)
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be against the basic
principles prescribed in the Constitution of the Peoples Republic of
China (“PRC”);
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(B)
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jeopardize national
security, leak state secrets, intend to overturn the government or
disrupt the integrity of the PRC;
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(C)
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harm national honour
and national interests of the PRC;
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(D)
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instigate hostility or
discrimination between different nationalities or disrupt the national
solidarity of the PRC;
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(E)
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spread rumours, disturb
public order or disrupt social stability of the PRC;
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(F)
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spread pornography,
obscenity, gambling, violence, homicide, terror or instigate crimes in
the PRC;
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(G)
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insult, libel against
others and infringe other people’s legal rights and interests in the PRC;
or
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(H)
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take any other action
prohibited in laws, rules and administrative regulations of the PRC.
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(v)
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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.
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(vi)
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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.
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(vii)
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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.
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(viii)
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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.
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(ix)
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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:
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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.
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(x)
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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.
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(xi)
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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
Registrant’s domicile, (2) where Tucows is located, and (3) the People’s
Republic of China.
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(xii)
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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.
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(g)
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.de Domains. In the case of a “.de” registration, the following
terms and conditions will apply:
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(i)
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Selection of a Domain
Name. You represent that:
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(A)
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you have reviewed and
have accepted the Registry’s Terms and Conditions and the Registry’s Guidelines
and have provided your Reseller with written confirmation of same;you
have reviewed and have accepted the Registry’s Terms and Conditions and
the Registry’s Guidelines and have provided your Reseller with written
confirmation of same;
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(B)
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either you, or the
person designated as the administrative contact for the domain name,
shall be resident or shall have a branch in Germany;
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(C)
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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.
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(ii)
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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.
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(iii)
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Registry Policies. You
agree to be bound by the Registry’s Registration Terms and Conditions and
the Registration Guidelines. English language translations of the
Registry’s 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:
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