APPENDIX A |
In order that a party may hold a valid .ca domain name registration, TUCOWS, requires
that all registrants adhere to certain terms and conditions. As an organization
or individual applying to register, transfer or renew an .ca domain name via the
agency of Creative Image Communications Inc. and/or TUCOWS you accordingly agree
In this Registration Agreement ("Agreement") , "we", us" and "our" refer to
TUCOWS Inc. and “Services” refers to the domain name registration, transfer
or renewal services provided by us as offered through Creative Image Communications
Inc., the Registration Service Provider (“RSP”). CIRA shall refer to the entity
granted the exclusive right to administer the registry for .ca domain name
OF A DOMAIN NAME. 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 used infringes the legal rights of a third
party and that the domain name is not being registered for any unlawful purpose.
- FEES. As
consideration for the Services you have selected, you agree to pay to us,
or your respective RSP who remits payment to us on your behalf, the applicable
fees. All fees payable hereunder are non-refundable. As further consideration
for the Services, you agree to: (1) provide certain current, complete and
accurate information about you as required by the registration process and
(2) maintain and update this information as needed to keep it current, complete
and accurate. All such information shall be referred to as account information
("Account Information"). You, by completing and submitting this Agreement
represent that the statements in your application are true.
You agree that this Agreement will remain in full force during the term of
your domain name registration as selected, recorded, and paid for upon registration
of the domain name. Should you choose to renew the term of your domain name
registration, then the term of this Agreement will be extended accordingly.
Should you transfer your domain name or should the domain name otherwise be
transferred to another Registrar, the terms and conditions of this contract
shall cease and shall be replaced by the contractual terms in force between
domain name registrants and the new Registrar.
TO AGREEMENT. You agree, during the period of this Agreement, that we
may: (1) revise the terms and conditions of this Agreement; and (2) change
the services provided under this Agreement. Any such revision or change will
be binding and effective immediately on posting of the revised Agreement or
change to the service(s) on our web site, or on notification to you by e-mail
or regular mail as per the Notices section of this agreement. You agree to
review our web site, including the Agreement, periodically to be aware of
any such revisions. If you do not agree with any revision to the Agreement,
you may terminate this Agreement at any time by providing us with notice by
e-mail or regular mail as per the Notices section of this agreement. Notice
of your termination will be effective on receipt and processing by us. You
agree that, by continuing to use the Services following notice of any revision
to this Agreement or change in service(s), you shall abide by any such revisions
or changes. You further agree to abide by the CIRA dispute resolution policy
(“Dispute Policy”) as amended from time to time. You agree that, by maintaining
the reservation or registration of your domain name after modifications to
the Dispute Policy become effective, you have agreed to these modifications.
You acknowledge that if you do not agree to any such modifications, you may
request that your domain name be deleted from the domain name database.
TO YOUR ACCOUNT. In order to change any of your account information with
us, you must use your account identifier and password that you selected when
you opened your account with us. Please safeguard your account identifier
and password from any unauthorized use. In no event will we be liable for
the unauthorized use or misuse of your account identifier or password.
- 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 the CIRA website. Please take the time to familiarize yourself
with this policy.
- 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 in effect at the time of the dispute. You
agree that in the event a domain name dispute arises with any third party,
you will indemnify and hold us harmless pursuant to the terms and conditions
contained in the Dispute Policy.
- CIRA POLICY.
You agree that your registration of the domain name shall be subject to
suspension, cancellation, or transfer pursuant to any CIRA-adopted policy,
or pursuant to any registrar or registry procedure not inconsistent with an
CIRA-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
- AGENCY. Should
you intend to license use of a domain name to a third party you shall nonetheless
be the domain name registrant 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 thedomain
name. You also represent that you have provided notice of the terms and conditions
in this Agreement to the third party and that the third party agrees to the
terms of Disclosure and Use of Registration Information (sections 18 and 19
of this Agreement).
We and the RSP 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.
OF LIABILITY. You agree that our entire liability, and your exclusive
remedy, with respect to any Services(s) provided under this Agreement and
any breach of this Agreement is solely limited to the amount you paid for
such Service(s). We and our contractors shall not be liable for any direct,
indirect, incidental, special or consequential damages resulting from the
use or inability to use any of the Services or for the cost of procurement
of substitute services. Because some jurisdictions do not allow the exclusion
or limitation of liability for consequential or incidental damages, in such
jurisdictions, our liability is limited to the extent permitted by law. We
disclaim any and all loss or liability resulting from, but not limited to:
(1) loss or liability resulting from access delays or access interruptions;
(2) loss or liability resulting from data non-delivery or data 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.
You agree to release, indemnify, and hold us, our contractors, agents,
employees,officers, directors and affiliates harmless from all liabilities,
claims and expenses, including attorney's fees, from claims by third parties,
including but not limited to the RSP and CIRA relating to or arising under
this Agreement, the Services provided hereunder or your use of the Services,
including without limitation infringement by you, or someone else using the
Service with your computer, of any intellectual property or other proprietary
right of any person or entity, or from the violation of any of our operating
rules or policy relating to the service(s) provided. You also agree to release,
indemnify and hold us harmless pursuant to the terms and conditions contained
in the CIRA Dispute Policy. When we are threatened with suit by a third party,
we may seek written assurances from you concerning your promise to indemnify
us; your failure to provide those assurances may be considered by us to be
a breach of your Agreement and may result in deactivation of your domain name.
OF OWNERSHIP. Any transfer of ownership in and to a domain name registration
shall be affected in accordance with CIRA policies and procedures.
- BREACH. You
agree that failure to abide by any provision of this Agreement, any operating
rule or policy or the Dispute Policy, 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.
- NO GUARANTY.
You agree that, by registration or reservation of your chosen domain name,
such registration or reservation does not confer immunity from objection to
either the registration, reservation, or use of the domain name.
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.
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:
Any voluntary information
we request is collected such that we can continue to improve the products
and services offered to you through your RSP.
- Your name
and postal address (or, if different, that of the domain name holder);
- The domain
name being registered;
- The name,
postal address, e-mail address, and voice and fax (if available) telephone
numbers of the administrative contact for the domain name;
- The name,
postal address, e-mail address, and voice and fax (if available) telephone
numbers of the billing contact for the domain name.
- The Internet
Protocol number of the primary name server and secondary name server(s)
for each domain name registration and the corresponding names of those
AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that we
will make domain name registration information you provide available to CIRA,
to the registry administrators, and to other third parties as CIRA and applicable
laws may require or permit. 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 CIRA and the applicable laws. You hereby consent to any and
all such disclosures and use of, and guidelines, limits and restrictions on
disclosure or use of, information provided by you in connection with the registration
of a domain name (including any updates to such information), whether during
or after the term of your registration of the domain name. You hereby irrevocably
waive any and all claims and causes of action you may have arising from such
disclosure or use of your domain name registration information by us. You
may access your domain name registration information in our possession to
review, modify or update such information, by accessing our domain manager
service, or similar service, made available by us through your RSP. 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
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 the
ICANN Agreement or an ICANN/Registry Operator policy.
- RIGHT OF
REFUSAL. We, in our sole discretion, reserve the right to refuse to register
or reserve your chosen domain name or register you for other Services within
thirty (30) calendar days from receipt of your payment for such services.
In the event we do not register or reserve your domain name or register you
for other Services, or we delete your domain name or other Services within
such thirty (30) calendar day period, we agree to refund your applicable fee(s).
You agree that we shall not be liable to you for loss or damages that may
result from our refusal to register, reserve, or delete your domain name or
register you for other Services.
You agree that the terms of this Agreement are severable. If any term
or provision is declared invalid or unenforceable, that term or provision
will be construed consistent with applicable law as nearly as possible to
reflect the original intentions of the parties, and the remaining terms and
provisions will remain in full force and effect.
Nothing contained in this Agreement or the Dispute Policy shall be construed
as creating any agency, partnership, or other form of joint enterprise between
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.
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 have been
given when an electronic confirmation of delivery has been obtained by the
sender. In the case of e-mail notification to us or to the RSP to firstname.lastname@example.org
or email@example.com or, in the case of notice to you, at the e-mail
address provided by you in your WHOIS record. Any e-mail communication shall
be deemed to have been validly and effectively given on the date of such communication,
if such date is a business day and such delivery was made prior to 4:00 p.m.
EST, otherwise it will be deemed to have been delivered on the next business
day. In the case of regular mail notice, valid notice shall be deemed to have
been validly and effectively given 5 business days after the date of mailing
and, in the case of notification to us or to the RSP shall be sent to:
and in the case of notification to you shall be to
the address specified in the “Administrative Contact” in your WHOIS record.
TUCOWS Com Co
Registrant Affairs Office
96 Mowat Avenue
- OR -
Creative Image Communications Inc.
642 King St. West
You agree that this Agreement, the rules and policies published by us
and the Dispute Policy are the complete and exclusive agreement between you
and us regarding our Services. This Agreement and the Dispute Policy supersede
all prior agreements and understandings, whether established by custom, practice,
policy or precedent.
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.
You attest that you are of legal age to enter into this Agreement.
WITH CIRA. In the event that this Agreement may be inconsistent with any
term, condition , policy or procedure of CIRA, the term, condition, policy
or procedure of CIRA shall prevail.
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.