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. 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
1. AGREEMENT. In this Service Agreement ("Agreement")
"you" and "your" refer to each customer, "we",
us" and "our" refer to Tucows.com and "Services"
refers to the services provided by us as offered through Cocoa Village
Publishing,
Inc., the Registration Service Provider ("RSP"). This Agreement
explains our obligations to you, and explains your obligations to us for
various Services. By selecting our Services you have agreed to establish an
account with us for such Services. When you use your account or permit someone
else to use it to purchase or otherwise acquire access to additional Services
or to cancel your Services (even if we were not notified of such
authorization), this Agreement covers such service or actions. By using the
Services under this Agreement, you acknowledge that you have read and agree to
be bound by all terms and conditions of this Agreement and any pertinent rules
or policies that are or may be published by us.
2. SELECTION OF A DOMAIN NAME. We cannot and do not check to see
whether the domain name you select, or the use you make of the domain name,
infringes legal rights of others. We urge you to investigate to see whether
the domain name you select or its use infringes legal rights of others, and in
particular we suggest you seek advice of competent counsel. You may wish to
consider seeking one or more trademark registrations in connection with your
domain name. You should be aware that there is the possibility we might be
ordered by a court to cancel, modify, or transfer your domain name. You should
be aware that if we are sued or threatened with lawsuit in connection with
your domain name, we may turn to you to hold us harmless and indemnify us.
3. FEES, PAYMENT AND TERM. As consideration for the services you
have selected, you agree to pay us the applicable service(s) fees. All fees
payable hereunder are non-refundable unless we provide otherwise. 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 hereby grant us the
right to disclose to third parties such Account Information. The Registrant,
by completing and submitting the Domain Name Registration Agreement
("Registration Agreement"), represents that the statements in its
application are true and that the registration of the selected Domain Name, so
far as the Registrant is aware, does not interfere with or infringe upon the
rights of any third party. The Registrant also represents that the Domain Name
is not being registered for any unlawful purpose.
4. MODIFICATIONS 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,
Section 20. 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, Section 20. 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 abide by any such revisions or changes. You further agree to
abide by the ICANN Uniform 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.
5. 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. 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.
6. 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 the Dispute Policy which is incorporated
herein and made a part of this Agreement by reference. The Dispute Policy may be found at our web site
:
http://www.cocoavillagepublishing.com/services/domain_registration/icann-udrp-policy.html
.
Please take the time to familiarize yourself with such policy.
7. 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. For any dispute, you
agree to submit to the jurisdiction of the courts of your domicile, the courts
of the geographic location indicated by your WHOIS information for your domain
name, and the courts of BREVARD COUNTY FLORIDA.
8. AGENTS. You agree that, if an agent for you (i.e., an Internet
Service Provider, employee, etc.) purchased our Services on your behalf, you
are nonetheless bound as a principal by all terms and conditions herein,
including the Dispute Policy.
9. ANNOUNCEMENTS. We reserve the right to distribute information to
you that is pertinent to the quality or operation of our services and those of
our service partners. These
announcements
will be predominately informative in nature and may include notices describing
changes, upgrades, new products or other information to add security or to
enhance your identity on the Internet.
10. LIMITATION OF LIABILITY. You agree that our entire liability,
and your exclusive remedy, with respect to any Services(s) provided under this
Agreement and any breach of this Agreement is solely limited to the amount you
paid for such Service(s). We and our contractors shall not be liable for any
direct, indirect, incidental, special or consequential damages resulting from
the use or inability to use any of the Services or for the cost of procurement
of substitute services. Because some states do not allow the exclusion or
limitation of liability for consequential or incidental damages, in such
states, our liability is limited to the extent permitted by law. We disclaim
any and all loss or liability resulting from, but not limited to: (1) loss or
liability resulting from access delays or access interruptions; (2) loss or
liability resulting from data non-delivery or data mis-delivery; (3) loss or
liability resulting from acts of God; (4) loss or liability resulting from the
unauthorized use or misuse of your Account Identifier or Password; (5) loss or
liability resulting from errors, omissions, or misstatements in any and all
information or services(s) provided under this Agreement; (6) loss or
liability resulting from the development or interruption of your Web site or
email service. The registrant agrees that we will not be liable for any loss
of registration and use of registrant's 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.
11. INDEMNITY. 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, 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 E-mail Service with your
computer, of any intellectual property or other proprietary right of any
person or entity, or from the violation of any of our operating rules or
policy relating to the service(s) provided. You also agree to release,
indemnify and hold us harmless pursuant to the terms and conditions contained
in the Dispute Policy. When we are threatened with suit by a third party, we
may seek written assurances from you concerning your promise to indemnify us;
your failure to provide those assurances may be considered by us to be a
breach of your Agreement and may result in deactivation of your domain name.
12. 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 or terminate your e-mail account without further notice. 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.
13. 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.
14. DISCLAIMER OF WARRANTIES. You agree and warrant that the
information that you provide to us to register or reserve your domain name or
register for other Services is, to the best of your knowledge and belief,
accurate and complete, and that any future changes to this information will be
provided to us in a timely manner according to the modification procedures in
place at that time. 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 disclaims 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 our e-mail service or that defects in the Services software will
be corrected. You understand and agree that any material and/or data
downloaded or otherwise obtained through the use of the our e-mail 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 e-mail service or any
transactions entered into through the e-mail service. No advice or
information, whether oral or written, obtained by you from us or through the
e-mail service shall create any warranty not expressly made herein. Some
jurisdictions do not allow the exclusion of certain warranties, so some of the
above exclusions may not apply to you.
15. REVOCATION. You agree that we may delete your domain name or
terminate your right to use other Services if the information that you
provided to register or reserve your domain name or register for other
Services, or subsequently to modify it, contains false or misleading
information, or conceals or omits any information we would likely consider
material to our decision to register or reserve your domain name. You agree
that we may, in our sole discretion, delete or transfer your domain name at
any time.
16. 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, or to delete your domain name 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 or reserve, or delete your domain name or register you for other
Services.
17. 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.
18. NON-AGENCY. Nothing contained in this Agreement or the Dispute
Policy shall be construed as creating any agency, partnership, or other form
of joint enterprise between the parties.
19. NON-WAIVER. Our failure to require performance by the Registrant
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.
20. NOTICES. Any notice, direction or other communication given
under this Agreement shall be in writing and given by sending it via e-mail or
via regular mail. In the case of e-mail, valid notice shall only have been
deemed to have been given when an electronic confirmation of delivery has been
obtained by the sender, in the case of notice to us or to the RSP to
support@cocoavillagepublishing.com
or, in the case of notice to you, at the
e-mail address provided by you in your WHOIS record or as updated from time to
time. Mail shall be sent to Cocoa Village Publishing, Inc., P.O.Box 218, Cocoa,
Florida 32922 and to you at the mailing address provided in your Affiliate
application or as updated from time to time. 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. Eastern Standard Time and otherwise on the next business day. Any
communication sent via regular mail shall be deemed to have been validly and
effectively given 5 business days after the date of mailing.
21. ENTIRETY. You agree that this Agreement, the rules and policies
published 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.
22. GOVERNING LAW.
THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE
WITH THE LAWS OF
THE STATE OF
FLORIDA AND THE FEDERAL LAWS OF
THE UNITED STATES OF AMERICA APPLICABLE
THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION
RELATING TO THIS AGREEMENT MUST BE BROUGHT IN BREVARD COUNTY FLORIDA
AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
23. INFANCY. You attest that you are of legal age to enter into this
Agreement.
24. 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
PARTICIPATING IN THE AFFILIATE NETWORK AND ARE NOT RELYING ON ANY
REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS
AGREEMENT.
