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 The information on this page applies to the
registration of the top level domain .BIZ
I. Services
Cocoa Village Publishing is an authorized reseller of domain
registration for TUCOWS/OPENSRS and may provide consultation for you to register a
domain name with other registrars providing that the registrar has adequately
documented procedures.
II. Terms and
Conditions
A. Acceptable Use Policy. An
acceptable use policy is part of these terms and conditions of hosting any
information associated with the domain name. This is necessary because
of the proliferation of abusive electronic mail and practices generated by a
minority of the Internet users can interrupt services. The acceptable use policy is posted
on our web site.
B. Compliance with Laws. Customer
agrees to abide by, and comply with, all Federal, State and local laws. Cocoa
Village Publishing, Inc. is not responsible for the content of the Customer’s
information, and reserves the right to terminate this contract if the
Customer’s actions or information content is questioned by Federal, State or
local laws.
C. Mail Abuse Protection. Cocoa
Village Publishing, Inc. reserves the right to use mail abuse protection
system to
protect our customers.
D. Severability. You agree that
the terms of this Agreement are severable. If any term or provision is
declared invalid or unenforceable, that term or provision will be construed
consistent with applicable law as nearly as possible to reflect the original
intentions of the parties, and the remaining terms and provisions will remain
in full force and effect.
E. Entire Agreement. This contract
represents the entire agreement between the two parties concerning the express
subject matter hereof. No addition, alteration or moderation hereto and no
waiver of any provision hereof shall be valid unless made in writing and
executed by both parties. The headings of the paragraphs herein are for
convenience only and shall not be used to limit or construe the content
thereof. All of the terms, covenants, warranties and representations contained
herein shall be binding upon both parties, their heirs and successors.
F. IP Claim Service
Note that registrars may provide agreements that the customer
is responsible to understand and agree when participating in domain
registration with the registrar. The following agreement information applies
to the reseller service by Cocoa Village Publishing on behalf of the registrar known as
TUCOWS.
Notes about IP Claim Service:
Phase 1 - IP Claim Service: CLOSED
Registrants registering for the IP Claim Service are NOT guaranteed the domain
that they file an IP Claim for. They are still required to pre-register for
the domain.
What it Does
The IP Claim Service is designed to help registered and common law
trademark and service mark owners protect their valuable intellectual property
(IP) rights against potential infringement and cybersquatters during the
launch of the .biz registry.
G. Registration Agreement
Note that registrars may provide registration agreements that the customer
is responsible to understand and agree when participating in domain
registration with the registrar. The following agreement information applies
to the reseller service by Cocoa Village Publishing on behalf of the registrar known as
TUCOWS.
Hereafter Cocoa Village Publishing
may be referred to as "RSP"
which stands for Registration Service Provider
Terms Of Use
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN TUCOWS, INC. (“REGISTRAR”)
AND YOU, THE OWNER OF A REGISTERED OR COMMON LAW TRADEMARK OR SERVICE MARK (“OWNER”)
OR THE DULY AUTHORIZED AGENT OF AN OWNER (“AGENT”) (COLLECTIVELY, “YOU”).
THESE TERMS OF USE ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS OF
USE REGARDING USE OF THE REGISTRAR’S INTELLECTUAL PROPERTY CLAIM SERVICE
(THE “SERVICE”).
BY SELECTING “I AGREE,” BY USING THE SERVICE OR BY SIGNIFYING
ACCEPTANCE IN ANY OTHER WAY, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF
YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE
THE SERVICE AND YOU MUST DISCONTINUE ANY FURTHER USE.
The Service. Registrar provides the Service to holders of both registered
and common law trademarks or service marks (collectively “Trademarks”).
During the domain name application process, applicants for a .biz domain name
(“Applicants”) will be notified of an Owner’s alleged intellectual
property rights in a Trademark if the domain name contained in the domain name
application is an exact match of the Trademark identified in an IP Claim (as
defined below) submitted by Owner. You may review frequently asked questions
regarding the Service by reviewing our FAQs.
Registration, Password and Security. You must provide accurate, complete
and current registration information and must update this information promptly
if it changes. You represent and warrant that You are at least eighteen (18)
years of age or older and are either an Owner or an Agent duly authorized to
represent an Owner(s) in connection with the Service and submitting an IP
Claim on behalf of an Owner(s). Agent will indemnify and hold harmless
Registrar and its officers, directors, employees, agents, affiliates and
subcontractors for any claims brought by Owner or Third Parties relating to
the use of the Service.
License to Use Data / Privacy. By submitting an IP Claim, You hereby grant
Registrar, as well as any of its agents or subcontractors, a limited,
royalty-free, non-exclusive worldwide license to use all of the data contained
in the IP Claim solely for the purposes of implementing the Service,
processing Your IP Claim, notifying Applicants of Your IP Claim, and for
notifying You of changes to the Service, for archival purposes.
The IP Claim Process. In order to submit a claim with respect to a
Trademark or Trademarks (“IP Claim”) through the Service, You must
complete an IP Claim form for each Trademark. For each IP Claim, You
must submit complete contact information, representative contact information
and notification details, and the details regarding the Trademark. You may
specify in the representative field that an Agent may receive legal
correspondence regarding the IP Claim. Once You have submitted an IP Claim,
you will receive a confirmation email and a claim number. You must retain the
claim number for each IP Claim You submit. Registrar will accept IP Claims
until July 9, 2001, or such later date as it may determine in its sole
discretion (“Close of Phase I”) and no IP Claims will be accepted after
that date.
From the Close of Phase I until September 25, 2001 (“Phase 2”), or such
other later date as Registrar may choose, in its sole discretion, the domain
name applications from ICANN-approved registrars (“Applications”) will be
compared with the database of IP Claims processed through the Service (“IP
Claim Database”). For each exact match between an IP Claim in the IP Claim
Database and a domain name application, the Registry Operator for .Biz (“Registry
Operator”) will notify the Applicant that a third party or third parties
have submitted an IP Claim for the exact Trademark. The email notification to
the Applicant will include, among other things, the information provided by
Owner in the IP Claim, instructions on how to proceed with the registration
process, and that if selected during the randomized name selection phase (“Name
Selection Phase”), the domain name will be placed on a temporary thirty (30)
day hold when the Registry goes “live.” The Applicant will have the option
to proceed with the Application or cancel the Application. If the Applicant
does not respond to the email notification, or elects to cancel the
Application, the Applicant’s domain name application will not be processed
during the Name Selection Phase. If the Applicant chooses to proceed with the
registration process and the name is selected during the Name Selection Phase,
that domain name automatically will be placed on a thirty (30) day “hold
period” when the name is registered.
After Name Selection, the Owner will be notified by Registry Operator if an
Applicant has successfully registered the domain name. The Owner will then
have the option of contacting the Applicant and finding a solution or using
the guidelines set forth by a special dispute resolution process called the
Start-up Trademark Opposition Policy (“STOP”) (formerly referred to as the
Start-up Dispute Resolution Policy or “SUDRP”) (“information available
at http://www.neulevel.com/countdown/stop.html, or the Uniform Domain-Name
Dispute Resolution Procedures (“UDRP”) (information is available at
http://www.icann.org/udrp/udrp-policy-24oct99.htm).
You will not be notified if there are no Applications that exactly match an
IP Claim You submitted in the IP Claim Database.
USE OF THE SERVICE DOES NOT GUARANTEE THAT AN OWNER WILL BE AWARDED THE
.BIZ EXTENSION FOR ITS TRADEMARK. AN OWNER THAT WISHES TO OBTAIN A .BIZ
EXTENSION FOR ITS TRADEMARK MUST FILE A DOMAIN NAME APPLICATION.
DOMAIN NAME APPLICANTS WILL ONLY BE NOTIFIED OF APPLICATIONS THAT ARE EXACT
MATCHES WITH A TRADEMARK IDENTIFIED IN AN IP CLAIM FORM. REGISTRAR WILL NOT
VERIFY WHETHER A TRADEMARK CLAIMED ON AN IP CLAIM FORM CORRESPONDS WITH AN
ACTUAL, LEGAL OR VALID TRADEMARK, NOR WILL REGISTRAR PROVIDE ANY LEGAL
OVERSIGHT OR ADJUDICATION FOR ANY DISPUTED INTELLECTUAL PROPERTY IMPLICATED BY
THE SERVICE.
Conduct. You may access and use the Service for lawful purposes only and
you are solely responsible for the knowledge and adherence to any and all
laws, statutes, rules and regulations pertaining to Your use of the Service.
You agree that You will not (i)use the Service to commit a criminal offence or
to encourage conduct that would constitute a criminal offence or give rise to
a civil liability, or otherwise violate any local state, Federal or
international law or regulation; (ii)upload or otherwise transmit any content
that You do not have a right to transmit under any law or contractual or
fiduciary duty; (iii)interfere or infringe with any trademark or proprietary
rights of any other party; (iv)interfere with the ability of other users to
access or use the Service; (v)claim a relationship with or to speak for any
individual, business, association, institution or other organization for which
You are not authorized to claim such a relationship; (vi)interfere with or
disrupt the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of networks
connected to the Service; or (vii)reproduce, duplicate, copy, use, distribute,
sell, resell or otherwise exploit for any commercial purposes any portion of
the Service.
Fees. As consideration for the Service, You agree to pay Registrar, or its
agents or subcontractors, as the case may be, an IP Claim fee for each IP
Claim submitted through the Service by credit card through its online payment
system. Such fee shall be due immediately and is non-refundable.Registrar, or
its agents or subcontractors, may take all remedies to collect fees
owed.Registrar, or its agents or subcontractors may require you to submit and
pay for each IP Claim individually or it may allow you store up a certain
number of IP Claims before submitting them for processing. Once you have
stored that number of IP Claims, you may not be able to store any additional
IP Claims and may need to submit them for processing and pay the applicable
fee before obtaining additional storage space.No refunds are permitted.
Agents. You agree that, if Your agent (e.g., an attorney, employee, etc.)
submits an IP Claim on Your behalf, You are nonetheless bound as a principal
by all Terms of Use herein. Your continued use of the Services shall ratify
any unauthorized actions of Your agent. By acting on Your behalf, Your agent
certifies that he or she is authorized to use the Service on Your behalf, that
he or she is authorized to bind You to these Terms of Use and that he or she
has apprised You of these Terms of Use of this Agreement. In addition, You are
responsible for any errors made by Your agent. Registrar will not refund fees
paid by You or Your agent on Your behalf for any reason, including, but not
limited to, in the event that Your agent fails to comply with these Terms of
Use, Your agent incorrectly provides information in the IP Claim process or if
Your agent changes or otherwise modifies Your IP Claim incorrectly.
Copyright. You acknowledge that the Service, any underlying technology used
in connection with the Service, and all software, material, information,
communications, text, graphics, links, electronic art, animations, audio,
video, photos, and other data (collectively, the “Content”) available
within the Service are provided by Registrar or third-party providers and are
the copyrighted works of Registrar and/or such third parties. Except as
expressly authorized by Registrar or such third parties in these Terms of Use
or as may be posted on the Service, You may not copy, reproduce, publish,
distribute, modify, create derivative works of, rent, lease, sell, transfer,
display, transmit, compile or collect in a database, or in any manner
commercially exploit any part of the Content or the Service, in whole or in
part. You may not store any significant portion of any Content or the Service
owned by, or licensed to Registrar in any form, whether archival files,
computer-readable files, or any other medium. You also may not “mirror”
any Content or the Service on any other server. Registrar encourages you to
download and print a reasonable number of copies of an IP Claim for
non-commercial, internal use only; provided that (i)any permitted copies
contain, in unmodified form, any copyright or other proprietary rights notices
and an original source attribution to the Service; and (ii)no modifications
are made except as may be expressly provided by Registrar.
Links. Some links on the Service lead to sites posted by independent site
owners. Because Registrar has no control over these sites, it cannot be
responsible for such sites’ accessibility via the Internet and does not
endorse products, services, or information provided by such sites. As such,
Registrar shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with, use or
reliance on any content, goods or services available on or through any other
site. Further, the inclusion of these links does not imply that the other
sites have given permission for inclusion of these links, or that there is any
relationship between Registrar and the linked sites.
Disclaimer of Warranty, Limitation of Liability. YOU AGREE THAT YOUR ACCESS
TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER REGISTRAR NOR ITS
PARENTS, SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES,
AFFILIATES, AGENTS OR SUBCONTRACTORS WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY,
RELIABILITY, OR CONTENT WITHIN THE SERVICE. THE SERVICE IS PROVIDED ON AN “AS
IS, “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND
NON-INFRINGEMENT.
IN NO EVENT WILL REGISTRAR NOR ITS PARENTS, SUBSIDIARIES, SHAREHOLDERS,
MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR SUBCONTRACTORS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
ARISING OUT YOUR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, INCLUDING
WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL,
LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL
OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, INACCURATELY ENTERED DATA,
UNAUTHORIZED USE, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN
OPERATION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF
GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO
INSTITUTIONS RECORDS, PROGRAMS OR SERVICES. YOU AGREE THAT THE FOREGOING
LIMITATIONS OF LIABILITY REPRESENT A REASONABLE ALLOCATION OF RISK.
IN NO EVENT, SHALL REGISTRAR BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING THE
AMOUNT OF FEES PAID BY YOU FOR THE APPLICABLE IP CLAIM.
Indemnification. You agree to indemnify and hold harmless Registrar and its
parents, subsidiaries, shareholders, members, officers, directors, employees,
affiliates, agents and subcontractors from any claim or demand, including
reasonable attorney’s fees made by any third party due to or arising out of
Your use of the Service, your breach of these Terms of Use, any Content
submitted to the Service, or any disputes involving the intellectual property
rights of the Trademarks.
Modifications to the Service. Registrar reserves the right at any time and
from time to time to modify or discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice. You agree that Registrar
will not be liable to You or to any third party for any modification,
suspension, or discontinuation of the Services.
Termination. You may discontinue Your participation in and access to the
Service at any time. These Terms of Use will continue to apply to all past use
of the Service by You, even if You are no longer using the Service. You
acknowledge and agree that Registrar may terminate or block Your use of all or
part of the Service without prior notice for any reason, including, without
limitation, if Registrar believes You have engaged in conduct prohibited by
these Terms of Use. You agree that upon termination or discontinuance for any
reason, may delete all information related to You on the Service and may bar
Your access to and use of the Service.
Governing Law. These Terms of Use shall be governed by and construed in
accordance with the laws of the Province of Ontario, without regard to its
principles of conflicts of law.
Changes to the Terms of Use. Registrar reserves the right to modify the
Terms of Use at any time and from time to time. Any modifications shall be
effective upon the posting of the modified Terms of Use at http://ipclaims.neulevel.com/legal/conditions.php.
You agree to review these Terms of Use periodically so that You are aware of
any modifications. Your continued use of the Service shall be deemed Your
acceptance of the modified Terms of Use.
Severability. In the event that any provision of these Terms of Use shall
be unenforceable or invalid under any applicable law or be so held by
applicable court decision, such unenforceability or invalidity shall not
render this Agreement unenforceable or invalid as a whole, and, in such event,
such provision shall be changed and interpreted so as to best accomplish the
objectives of such provision within the limits of applicable law or applicable
court decision.
Third Party Beneficiary. Registry Operator (“NeuLevel”) is an intended
third party beneficiary of these Term and Conditions with rights to enforce
these Terms of Use.You will cooperate in good faith with NeuLevel or Registrar
in investigating instances of non-compliance with these Terms of Use, if
NeuLevel or Registrar believes in good faith that you are not in compliance
with these Terms of Use.
Subcontractors. In the course of providing the IP Claim Service, Registrar
may retain independent contractors or assign or subcontract to or otherwise
have any third party perform any or all of the IP Claim Service at any time,
provided that Registrar shall continue to remain responsible for full
performance of any such duties to the same extent as if it had performed the
IP Claim Service itself.
Entire Agreement. These Terms of Use completely and exclusively state the
agreement of the parties regarding the subject matter, and supersede all prior
agreements and understandings, whether written or oral, with respect to the
subject matter of these Terms of Use.
Modifications to your Account. In order to change any of your account
information with Registrar, you must use the Account Identifier and Password
selected when you opened your account with Registrar. You agree to safeguard
your Account Identifier and Password from any unauthorized use. In no event
shall Registrar be liable for the unauthorized use or misuse of your Account
Identifier or Password.
Breach. You agree that failure to abide by an provision of this Agreement,
any operating rule or policy or the Dispute Policy provided by Registrar, may
be considered by Registrar to be a material breach and that Registrar 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 Registrar, that you have not breached your
obligations under the Agreement, then Registrar may delete the registration or
reservation of your domain name. Any such breach by you shall not be deemed to
be excused simply because Registrar did not act earlier in response to that,
or any other breach by you.
No Guarantee. You acknowledge that reservation of your IP Claim name does
not confer immunity from objection to either the registration, reservation, or
use of the domain name.
Right of Refusal. Registrar, in its sole discretion, reserves the right to
refuse to register or reserve your IP Claim name or register you for other
services. You agree that Registrar shall not be liable to you for loss or
damages that may result from its refusal to register, reserve or delete your
IP Claim. Registrar reserves the right to delete or transfer your IP Claim
within a thirty (30) day period following receipt of the application if it
believes the IP Claim has been made possible by a mistake, made either by
Registrar or by a third party.
I AGREE I ----- DO NOT AGREE
G. Registration Agreement
Note that registrars may provide registration agreements that the customer
is responsible to understand and agree when participating in domain
registration with the registrar. The following agreement information applies
to the reseller service by Cocoa Village Publishing on behalf of the registrar known as
TUCOWS.
Hereafter Cocoa Village Publishing will be referred to as "RSP"
which stands for Registration Service Provider
Form of Registration Agreement
AGREEMENT. In this Registration Agreement ("Agreement")
"you" and "your" refer to the registrant of each domain
name registration, "we", “us" and "our" refer to
TUCOWS Inc. and “Services” refers to the domain name registration provided
by us as offered through (“RSP”). This Agreement explains our obligations
to you, and explains your obligations to us for various Services.
SELECTION OF A DOMAIN NAME. You represent that: (i) the data
provided in the domain name registration application is true, correct, up to
date and complete,
(ii) 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;
(iii) that the domain name is not being registered for nor shall it at any
time whatsoever be used for any unlawful purpose whatsoever
(iv) 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;
(v) you have the authority to enter into this Registration Agreement; and
(vi) the registered domain name is reasonably related to your business or
intended commercial purpose at the time of registration.
FEES. As consideration for the Services you have selected, you agree
to pay the RSP the applicable service(s) fees. All fees payable hereunder are
non-refundable. As further consideration for the Services, you agree to: (1)
provide certain current, complete and accurate information about you as
required by the registration process and (2) maintain and update this
information as needed to keep it current, complete and accurate. All such
information shall be referred to as account information ("Account
Information"). By submitting this Agreement, you represent that the
statements in your Application are true, complete and accurate.
TERM. This Agreement shall remain in full force during the length of
the term of your domain name registration(s) as selected, recorded, and paid
for upon registration of the domain name. Should you choose to renew or
otherwise lengthen the term of your domain name registration, then the term of
this Registration Agreement shall be extended accordingly. Should the domain
name be transferred to another Registrar, the terms and conditions of this
contract shall cease.
MODIFICATIONS TO AGREEMENT. You agree that we may: (1) revise the
terms and conditions of this Agreement; and (2) change the services provided
under this Agreement. You agree to be bound by any such revision or change
will which shall be effective immediately upon posting on our web site or upon
notification to you by e-mail or your country’s postal service pursuant to
the Notices section of this Agreement. You agree to review this Agreement as
posted on our web site periodically to maintain an awareness of any and all
such revisions. If you do not agree with any revision to the Agreement, you
may terminate this Agreement at any time by providing us with notice by e-mail
or postal service pursuant to the Notices section of this Agreement. Notice of
your termination shall be effective after processing by us. You agree that, by
continuing the use of Services following notice of any revision to this
Agreement or change in service(s), you shall be bound by any such revisions
and changes. You further agree to be bound by the ICANN Uniform Dispute
Resolution Policy (“Dispute Policy”) as presently written and posted on
http://www.opensrs.org/legal/udrp.shtml and as shall be amended from time to
time. You acknowledge that if you do not agree to any such modifications, you
may request that your domain name be deleted from the domain name database.
MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your
account information with us, you must use your Account Identifier and Password
that you selected when you opened your account with us. You agree to safeguard
your Account Identifier and Password from any unauthorized use. In no event
shall we be liable for the unauthorized use or misuse of your Account
Identifier or Password.
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.opensrs.org/legal/udrp.shtml. Please take
the time to familiarize yourself with this policy.
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: (i) The Uniform Domain Name Dispute
Resolution Policy (“Dispute Policy), available at http://www.icann.org/udrp/udrp.htm;
(ii) The Start-Up Dispute Resolution Policy (“SUDRP”), available at
http://www.neulevel.com/countdown/stop.html; and
(iii) The Restrictions Dispute Resolution Criteria and Rules (“RDRP”),
available at http://www.neulevel.com/;
(collectively, “Dispute Policies”).
The SUDRP sets forth the terms and conditions in connection with a dispute
between a registrant of a .biz domain name (“Registrant”) with any third
party (other than Neulevel, Inc. (“Registry Operator”) or Tucows over the
registration or use of a .biz domain name registered by you that is subject to
the Start-up Intellectual Property Notification Service (“SIPNS”). SIPNS
is a service introduced by Registry Operator to notify a trademark or service
mark holder (“Claimant”) that a second-level domain name has been
registered in which that Claimant claims intellectual property rights. In
accordance with the SUDRP and its associated Rules, those Claimants will have
the right to challenge registrations through independent ICANN-accredited
dispute resolution providers.
The Dispute Policy sets forth the terms and conditions in connection with a
dispute between a Registrant and any party other than the Registry Operator or
Registrar over the registration and use of an Internet domain name registered
by Registrant.
he 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.
POLICY. You agree that your registration of the domain name shall be
subject to suspension, cancellation, or transfer pursuant to any Tucows,
Registry Operator, 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.
AGENCY. Should you intend to license use of a domain name to a third
party you shall nonetheless be the domain name holder of record and are
therefore responsible for providing your own full contact information and for
providing and updating accurate technical and administrative contact
information adequate to facilitate timely resolution of any problems that
arise in connection with the domain name. You shall accept liability for harm
caused by wrongful use of the domain name. You represent that you have
provided notice of the terms and conditions in this Agreement to a third party
licensee and that the third party agrees to the terms hereof.
LIMITATION OF LIABILITY. You agree that our entire liability, and
your exclusive remedy, with respect to any Services(s) provided under this
Agreement and any breach of this Agreement is solely limited to the amount you
paid for such Service(s). Neither we nor our contractors or third party
beneficiaries shall be liable for any direct, indirect, incidental, special or
consequential damages resulting from the use or inability to use any of the
Services or for the cost of procurement of substitute services. Because some
jurisdictions do not allow the exclusion or limitation of liability for
consequential or incidental damages, in such jurisdictions, our liability is
limited to the extent permitted by law. We disclaim any and all loss or
liability resulting from, but not limited to: (1) loss or liability resulting
from access delays or access interruptions; (2) loss or liability resulting
from data non-delivery or data miss-delivery; (3) loss or liability resulting
from acts of God; (4) loss or liability resulting from the unauthorized use or
misuse of your account identifier or password; (5) loss or liability resulting
from errors, omissions, or misstatements in any and all information or
services(s) provided under this Agreement; (6) loss or liability resulting
from the interruption of your Service. You agree that we will not be liable
for any loss of registration and use of your domain name, or for interruption
of business, or any indirect, special, incidental, or consequential damages of
any kind (including lost profits) regardless of the form of action whether in
contract, tort (including negligence), or otherwise, even if we have been
advised of the possibility of such damages. In no event shall our maximum
liability exceed five hundred ($500.00) dollars.
INDEMNITY. You agree to release, indemnify, and hold us, our
contractors, agents, employees, officers, directors, affiliates and third
party beneficiaries harmless from all liabilities, claims and expenses,
including attorney's fees, of third parties relating to or arising under this
Agreement, the Services provided hereunder or your use of the Services,
including without limitation infringement by you, or someone else using the
Service of any intellectual property or other proprietary right of any person
or entity, or from the violation of any of our operating rules or policy
relating to the Service(s) provided. You also agree to release, indemnify and
hold us harmless pursuant to the terms and conditions contained in the Dispute
Policy. When we are threatened with suit by a third party, we may seek written
assurances from you concerning your promise to indemnify us; your failure to
provide those assurances shall be a breach of your Agreement and may result in
deactivation of your domain name.
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.
NO GUARANTY. You acknowledge that registration or reservation of
your chosen domain name does not confer immunity from objection to either the
registration, reservation, or use of the domain name.
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.
INFORMATION. As part of the registration process, you are required
to provide us certain information and to update us promptly as such
information changes such that our records are current, complete and accurate.
You are obliged to provide us the following information: (i) Your name and
postal address (or, if different, that of the domain name holder);
(ii) The domain name being registered;
(iii) The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the administrative contact for the domain
name;
(iv) The name, postal address, e-mail address, and voice and fax (if
available) telephone numbers of the billing contact for the domain name.
Any other information, which we request from you at registration, is
voluntary. Any voluntary information we request is collected for the purpose
of improving the products and services offered to you through your RSP.
DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and
acknowledge that we will make domain name registration information you provide
available to ICANN, to the registry administrators, and to other third parties
as applicable. You further agree and acknowledge that we may make publicly
available, or directly available to third party vendors, some, or all, of the
domain name registration information you provide, for purposes of inspection
(such as through our WHOIS service) or other purposes as required or permitted
by ICANN and applicable laws. You hereby consent to any and all such
disclosures and use of 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.
REVOCATION. Your wilful provision of inaccurate or unreliable
information, your wilful failure promptly to update information provided to
us, or your failure to respond for over fifteen (15) calendar days to
inquiries by us concerning the accuracy of contact details associated with the
your registration shall constitute a material breach of this Agreement and be
a basis for cancellation of the domain name registration.
RIGHT OF REFUSAL. We, and/or Registry Operator, in our sole
discretion, reserve the right to refuse to register or reserve your chosen
domain name or register you for other Services. In the event we do not
register or reserve your domain name or register you for other Services, or we
delete your domain name or other Services within such thirty (30) calendar day
period, we agree to refund your applicable fee(s). You agree that we shall not
be liable to you for loss or damages that may result from our refusal to
register, reserve, or delete your domain name or register you for other
Services. We reserve the right to delete or transfer your domain name
following registration if we believe the registration has been made possible
by a mistake, made either by us or by a third party. We also reserve the right
to suspend a domain name during resolution of a dispute.
SEVERABILITY. You agree that the terms of this Agreement are
severable. If any term or provision is declared invalid or unenforceable, that
term or provision will be construed consistent with applicable law as nearly
as possible to reflect the original intentions of the parties, and the
remaining terms and provisions will remain in full force and effect.
NON-AGENCY. Nothing contained in this Agreement or the Dispute
Policies shall be construed as creating any agency, partnership, or other form
of joint enterprise between the parties.
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.
NOTICES. Any notice, direction or other communication given under
this Agreement shall be in writing and given by sending it via e-mail or via
postal service. In the case of e-mail, valid notice shall only have been
deemed to have been given when an electronic confirmation of delivery has been
obtained by the sender. In the case of e-mail, notifications must be sent to
us at lhutz@tucows.com, or in the case of notification to you, to the e-mail
address provided by you in your WHOIS record. Any e-mail communication shall
be deemed to have been validly and effectively given on the date of such
communication, if such date is a business day and such delivery was made prior
to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the
next business day. In the case of regular mail notice, valid notice shall be
deemed to have been validly and effectively given 5 business days after the
date of mailing and, in the case of notification to us or to RSP shall be sent
to: Our address:
TUCOWS Inc. 96 Mowat Avenue Toronto, Ontario M6K 3M1 Attention: Legal
Affairs
and in the case of notification to you shall be to the address specified in
the “Administrative Contact” in your WHOIS record.
ENTIRETY. You agree that this Agreement, the rules and policies
published by us and the Dispute Policy are the complete and exclusive
agreement between you and us regarding our Services. This Agreement and the
Dispute Policy supersede all prior agreements and understandings, whether
established by custom, practice, policy or precedent.
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.
INFANCY. You attest that you are of legal age to enter into this
Agreement.
Acceptance of Agreement. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY
EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY
REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN
THIS AGREEMENT.
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