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