| (a) |
.at Domains. In the case of a =
=93.at=94=20
registration, the following terms and conditions will =
apply: |
|
| (i) |
Registry Policy. You acknowledge and =
understand that=20
by accepting the terms and conditions of this agreement you =
shall be=20
bound by Registry policies and any pertinent rules or =
policies that=20
exist now or in the future and which are posted on the =
Registry=20
website at http://www.nic.at/en/service/legal_information/terms_conditions/.=20
You are responsible for monitoring the Registry=92s site on =
a regular=20
basis. In the event that you do not wish to be bound by a =
revision=20
or modification to any Registry policy, your sole remedy is =
to=20
cancel your domain name registration by following the =
appropriate=20
Registry policy regarding such=20
cancellation. | |
| (b) |
.be Domains. In the case of a =
=93.be=94=20
registration, the following terms and conditions will =
apply: |
|
| (i) |
Registry Policy. You acknowledge and =
understand that=20
by accepting the terms and conditions of this agreement you =
shall be=20
bound by Registry policies and any pertinent rules or =
policies that=20
exist now or in the future and which are posted on the =
Registry=20
website at http://www.dns.be/en/home.p=
hp?n=3D51.=20
You are responsible for monitoring the Registry=92s site on =
a regular=20
basis. In the event that you do not wish to be bound by a =
revision=20
or modification to any Registry policy, your sole remedy is =
to=20
cancel your domain name registration by following the =
appropriate=20
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=20
us from another registrar, you agree to be bound by the .be =
Dispute=20
Policy that is incorporated herein and made a part of this =
Agreement=20
by reference. The current version of the Dispute Policy may =
be found=20
at=20
=
http://www.dns.be/en/home.php?n=3D53. | | <=
/TR>
| (c) |
.ca Domains. In the case of a =
=93.ca=94=20
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=20
us from another registrar, you agree to be bound by the =
Dispute=20
Policy, which is incorporated herein and made a part of this =
Agreement by reference. The current version of the Dispute =
Policy=20
may be found at http://www.cira.ca/en/cat_Dpr=
.html.=20
Please take the time to familiarize yourself with this =
policy.=20
|
| (ii) |
Registry Policy. You agree that your =
registration of=20
the domain name shall be subject to suspension, =
cancellation, or=20
transfer pursuant to any Registry-adopted policy, or =
pursuant to any=20
registrar or registry procedure not inconsistent with a =
Registry=20
adopted policy, (1) to correct mistakes by Tucows or the =
Registry in=20
registering the name or (2) for the resolution of disputes=20
concerning the domain name. |
| (iii) |
Transfer of Ownership. Any transfer of =
ownership in=20
and to a domain name registration shall be affected in =
accordance=20
with registry policies and procedures. |
| (iv) |
Registry Agreement and Policy. You acknowledge =
and=20
understand that by accepting the terms and conditions of =
this=20
agreement you shall be bound by the Registry=92s Registrant =
Agreement,=20
the Registry=92s policies and any pertinent rules or =
policies that=20
exist now or in the future and which are posted on the =
Registry=20
website at http://www.cira.ca/en/d=
oc_Registrar.html.=20
You are responsible for monitoring the Registry=92s site on =
a regular=20
basis. In the event that you do not wish to be bound by a =
revision=20
or modification to any Registry agreement or policy, your =
sole=20
remedy is to cancel your domain name registration by =
following the=20
appropriate Registry policy regarding such =
cancellation. |
| (v) |
You acknowledge and agree that the Registry =
shall not=20
be liable to you for any loss, damage, or expense arising =
out of the=20
Registry=92s failure or refusal to register a domain name, =
it=92s=20
failure or refusal to renew a domain name registration, =
it=92s=20
registration of a domain name, it=92s failure or refusal to =
renew a=20
domain name registration, it=92s renewal of a domain name=20
registration, it=92s failure or refusal to transfer a domain =
name=20
registration, it=92s transfer of a domain name registration, =
it=92s=20
failure or refusal to maintain or modify a domain name =
registration,=20
it=92s maintenance of a domain name registration, it=92s =
modification of=20
a domain name registration, it=92s failure to cancel a =
domain name=20
registration or it=92s cancellation of a domain name =
registration from=20
the Registry; | |
| (d) |
.cc Domains. In the case of a =
=93.cc=94=20
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=20
us from another registrar, you agree to be bound by the =
Dispute=20
Policy that is incorporated herein and made a part of this =
Agreement=20
by reference. The current version of the Dispute Policy may =
be found=20
at http://www.nic.cc/polici=
es/dispute.html.=20
Please take the time to familiarize yourself with this =
policy.=20
|
| (ii) |
Registry Policy. You acknowledge and =
understand that=20
by accepting the terms and conditions of this agreement you =
shall be=20
bound by Registry policies and any pertinent rules or =
policies that=20
exist now or in the future and which are posted on the =
Registry=20
website at: http://www.enic.cc/en-def-c2689f094aa0/en/policies/policies.shtml. =
You are responsible for monitoring the Registry=92s site on =
a regular=20
basis. In the event that you do not wish to be bound by a =
revision=20
or modification to any Registry policy, your sole remedy is =
to=20
cancel your domain name registration by following the =
appropriate=20
Registry policy regarding such cancellation.=20
| |
| (e) |
.ch Domains. In the case of a =
=93.ch=94=20
registration, the following terms and conditions shall =
apply: |
|
| (i) |
Registry Policy. You acknowledge and =
understand that=20
by accepting the terms and conditions of this agreement you =
shall be=20
bound by Registry policies and any pertinent rules or =
policies that=20
exist now or in the future and which are posted on the =
Registry=20
website at http://www.switch.ch/id/terms.=
=20
You are responsible for monitoring the Registry=92s site on =
a regular=20
basis. In the event that you do not wish to be bound by a =
revision=20
or modification to any Registry policy, your sole remedy is =
to=20
cancel your domain name registration by following the =
appropriate=20
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=20
us from another registrar, you agree to be bound by the .ch =
Dispute=20
Policy that is incorporated herein and made a part of this =
Agreement=20
by reference. The current version of the Dispute Policy may =
be found=20
at http://www.switch.ch/id/d=
isputes/rules.=20
Please take the time to familiarize yourself with this =
policy.=20
| |
| (f) |
.cn Domains. In the case of a =
=93.cn=94=20
registration, the following terms and conditions shall =
apply: |
|
| (i) |
=93Registry=94 means the China Internet =
Network=20
Information Center, which is the authority responsible for =
the=20
administration of the national top-level domain of the =
People=92s=20
Republic of China and the Chinese domain name =
system; |
| (ii) |
=93Registry Gateway=94 means the service =
provided by the=20
Registry Operator that facilitates the registration of .cn =
domain=20
names by registrars operating outside of the People=92s =
Republic of=20
China; |
| (iii) |
=93Registry Operator=93 means Neustar, Inc., =
the company=20
authorized to facilitate the registration of .cn domain =
names by=20
registrars operating outside of the People=92s Republic of=20
China. |
| (iv) |
Restrictions. You agree that you shall not =
register or=20
use a domain name that is deemed by CNNIC =
to: |
|
| (A) |
be against the basic principles =
prescribed in=20
the Constitution of the Peoples Republic of China=20
(=93PRC=94); |
| (B) |
jeopardize national security, leak state =
secrets, intend to overturn the government or disrupt =
the=20
integrity of the PRC; |
| (C) |
harm national honour and national =
interests of=20
the PRC; |
| (D) |
instigate hostility or discrimination =
between=20
different nationalities or disrupt the national =
solidarity of=20
the PRC; |
| (E) |
spread rumours, disturb public order or =
disrupt=20
social stability of the PRC; |
| (F) |
spread pornography, obscenity, gambling, =
violence, homicide, terror or instigate crimes in the=20
PRC; |
| (G) |
insult, libel against others and =
infringe other=20
people=92s legal rights and interests in the PRC; =
or |
| (H) |
take any other action prohibited in =
laws, rules=20
and administrative regulations of the=20
PRC. | |
| (v) |
Business or Organization Representation. .cn =
domain=20
name registrations are intended for businesses and =
organizations and=20
not for individual use. By registering a .cn name, you =
accordingly=20
represent that you have registered the domain name on behalf =
or a=20
business or organization. It should be noted that, although =
.cn=20
policy is permissive in terms of registration, and =
enforcement is=20
generally in reaction to a complaint (as opposed to =
proactive=20
review), registrations that are not associated with an =
organization=20
or business may be subject to deletion. The foregoing =
prevents an=20
individual from registering a .cn domain name for a business =
operating as a sole proprietorship. |
| (vi) |
Domain Name Disputes. You acknowledge having =
read and=20
understood and agree to be bound by the terms and conditions =
of the=20
CNNIC Domain Name Dispute Policy & Rules for CNNIC =
Dispute=20
Resolution Policy (=93Dispute Policy=94), as they may be =
amended from=20
time to time, which are hereby incorporated and made an =
integral=20
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,=20
Registrars must comply with all reasonable requests from the =
applicable domain name dispute resolution institutions =
including the=20
provision of all relevant evidence in any domain name =
disputes in=20
the specified time frames. |
| (viii) |
If we are notified that a complaint has been =
filed=20
with a judicial or administrative body regarding your use of =
our=20
domain name registration services, you agree not to make any =
changes=20
to your domain name record without our prior approval. We =
may not=20
allow you to make changes to such domain name record until =
(i) we=20
are directed to do so by the judicial or administrative =
body, or=20
(ii) we receive notification by you and the other party =
contesting=20
your registration and use of our domain name registration =
services=20
that the dispute has been settled. Furthermore, you agree =
that if=20
you are subject to litigation regarding your registration =
and use of=20
our domain name registration services, we may deposit =
control of=20
your domain name record into the registry of the judicial =
body by=20
supplying a party with a registrar certificate from =
us. |
| (ix) |
Adherence to Policies. You agree to comply =
with all=20
applicable laws, regulations and policies of the Peoples =
Republic of=20
China=92s governmental agencies and the China Internet =
Network=20
Information Centre (=93CNNIC=94), including but not limited =
to the=20
following rules and regulations: |
|
|
|
You acknowledge that you have read and =
understood and=20
agree to be bound by the terms and conditions of the =
policies of the=20
CNNIC, as they may be amended from time to time. |
| (x) |
Suspension and Cancellation. You agree that =
your=20
registration of the domain name shall be subject to =
suspension,=20
cancellation, or transfer pursuant to any Tucows, Registry =
Operator,=20
CNNIC or government-adopted policy, or pursuant to any =
registrar or=20
registry procedure not inconsistent with a CNNIC or=20
government-adopted policy, (1) to correct mistakes by a =
party in=20
registering the name, (2) for the resolution of disputes =
concerning=20
the domain name, (3) to protect the integrity and stability =
of the=20
registry, (4) to comply with any applicable laws, government =
rules=20
or requirements, requests of aw enforcement, (5) to avoid =
any=20
liability, civil or criminal, on the part of Tucows, =
Registry=20
Operator or CNNIC, as well as their affiliates, =
subsidiaries,=20
directors, representatives, employees and stockholders or =
(6) for=20
violations of this Agreement. Tucows, Registry Operator and =
CNNIC=20
also reserve the right to =93freeze=94 a domain name during =
the=20
resolution of a dispute. |
| (xi) |
Jurisdiction. For the adjudication of disputes =
concerning or arising from use of the domain name, the =
Registrant=20
shall submit, without prejudice to other potentially =
applicable=20
jurisdictions, to the jurisdiction of the courts (1) of the=20
Registrant=92s domicile, (2) where Tucows is located, and =
(3) the=20
People=92s Republic of China. |
| (xii) |
Governing Law. For the adjudication of a =
dispute=20
concerning or arising from use of a .cn domain, such dispute =
will be=20
governed under the Laws of the Peoples Republic of=20
China. | |
| (g) |
.de Domains. In the case of a =
=93.de=94=20
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=20
Registry=92s Terms and Conditions and the Registry=92s =
Guidelines=20
and have provided your Reseller with written =
confirmation of=20
same;you have reviewed and have accepted the =
Registry=92s Terms=20
and Conditions and the Registry=92s Guidelines and =
have provided=20
your Reseller with written confirmation of =
same; |
| (B) |
either you, or the person designated as =
the=20
administrative contact for the domain name, shall be =
resident=20
or shall have a branch in Germany; |
| (C) |
to the best of the your knowledge and =
belief,=20
neither this registration of a domain name nor the =
manner in=20
which it is directly or indirectly to be used =
infringes upon=20
the legal rights of a third party and, further, that =
the=20
domain name is not being registered for nor shall it =
at any=20
time whatsoever be used for any unlawful purpose=20
whatsoever. | |
| (ii) |
Domain Name Disputes. You agree that, if the=20
registration or reservation of your domain name is =
challenged by a=20
third party, you will be subject to the provisions specified =
by the=20
Registry or any court of law. You agree that in the event a =
domain=20
name dispute arises with any third party, you will indemnify =
and=20
hold us harmless pursuant to the terms and conditions =
specified by=20
the Registry or any court of law. |
| (iii) |
Registry Policies. You agree to be bound by =
the=20
Registry=92s Registration Terms and Conditions and the =
Registration=20
Guidelines. English language translations of the =
Registry=92s=20
documents are provided for convenience; in the event of a=20
discrepancy between the English and the German language =
agreements,=20
the terms of the German agreement will prevail. The Registry =
documents may be found at: |
|
| |
| (h) |
.eu domains. In the case of a =
=93.eu=94=20
registration, the following terms and conditions will =
apply: |
|
| (i) |
Eligibility Criteria. .eu domain names are =
available=20
for registration to companies and persons who fulfill the =
following=20
criteria. As a condition of registration, you accordingly =
represent=20
that you are: |
|
| (A) |
an undertaking having its registered =
office,=20
central administration or principal place of business =
within=20
the European Community; |
| (B) |
an organization established within the =
European=20
Community without prejudice to the application of =
national=20
law, or |
| (C) |
a natural person resident within the =
European=20
Community. =
| |
| (ii) |
Registry Policy. You acknowledge and =
understand that=20
by accepting the terms and conditions of this agreement you =
shall be=20
bound by Registry policies and any pertinent rules or =
policies that=20
exist now or in the future and which are posted on the =
Registry=20
website. Registration policies of the Registry and the terms =
and=20
conditions applicable to your .eu registration may be found =
at: http://www.eurid.eu/en/gen=
eral/launch.=20
You are responsible for monitoring the Registry=92s site on =
a regular=20
basis. In the event that you do not wish to be bound by a =
revision=20
or modification to any Registry policy, your sole remedy is =
to=20
cancel your domain name registration by following the =
appropriate=20
Registry policy regarding such cancellation. |
| (iii) |
Domain Name Disputes. You agree that, if the=20
registration or reservation of your domain name is =
challenged by a=20
third party, you will be subject to the provisions specified =
by the=20
Registry or any court of =
law. | |
| (i) |
.fr Domains. In the case of a =
=93.fr=94=20
registration, the following terms and conditions will =
apply: |
|
| (i) |
Representation of Registrant. .fr domain names =
are=20
available for registration to companies and persons who =
fulfill the=20
following criteria. As a condition of registration, you =
accordingly=20
represent that you are: |
|
| (A) |
A legal entity: |
|
| (I) |
whose head office is in France;=20
(or), |
| (II) |
which possess an address in France =
which=20
is expressly listed in the public electronic =
databases=20
of the registrars of the commercial courts or =
the=20
National Statistical and Economic Studies =
Institute=20
(INSEE), (or), |
| (III) |
State institutions or departments, =
local=20
authorities or associated establishments, =
(or), |
| (IV) |
which own a trademark registered =
with the=20
National Intellectual Property Institute or own =
a=20
registered EU or international trademark which =
expressly=20
includes French =
territory. | |
| (ii) |
Administrative Contact. Each registrant =
must=20
designate an administrative contact to act as a =
coordinator=20
between the registrant and the Registry. In the case =
of .fr=20
registrations, the administrative contact must be =
based in=20
France where it can receive legal and other =
documents. |
| (iii) |
Registry Policies. You agree to be bound =
by the=20
Registry=92s Naming Charter, its registration rules =
for .fr.=20
English language translations of the Registry=92s =
documents are=20
provided for convenience. The Registry documents may =
be found=20
at: www.afnic.fr/obtenir/chartes/nommage-fr. |
| (iv) |
Domain Name Disputes. You agree that, if =
the=20
registration or reservation of your domain name is =
challenged=20
by a third party, you will be subject to the =
provisions=20
specified by the Registry or any court of law. The =
current .fr=20
dispute resolution policy and procedures can be found =
at http://www.afnic.fr/d=
oc/ref/juridique/parl.=20
You agree that in the event a domain name dispute =
arises with=20
any third party, you will indemnify and hold us =
harmless=20
pursuant to the terms and conditions specified by the =
Registry=20
or any court of =
law. | |
| (j) |
.it Domains. In the case of a =93it=94=20
registration, the following terms and conditions shall =
apply: |
|
| (i) |
Registration Criteria. Registration of =
an .it=20
name is restricted to subjects belonging to a member =
state of=20
the European Union. Individuals and associations =
operating=20
without a VAT number or a fiscal code are limited to a =
single=20
domain name registration. |
| (ii) |
Registry Policy. You acknowledge and =
understand=20
that by accepting the terms and conditions of this =
agreement=20
you shall be bound by Registry policies and any =
pertinent=20
rules or policies that exist now or in the future and =
which=20
are posted on the Registry website at http://www.nic.=
it/NA/regole-naming-curr-engl.txt.=20
You are responsible for monitoring the Registry=92s =
site on a=20
regular basis. In the event that you do not wish to be =
bound=20
by a revision or modification to any Registry policy, =
your=20
sole remedy is to cancel your domain name registration =
by=20
following the appropriate Registry policy regarding =
such=20
cancellation. Additional policies, including transfer=20
procedures and =93netiquette=94 rules may be found =
at=20
=
http://www.nic.it/NA/index-engl.html. | | <=
/TR>
| (k) |
.nl Domains. In the case of a =93.nl=94 =
registration, the following terms and conditions shall =
apply: |
|
| (i) |
Registration Criteria. Registration of a =
.nl=20
domain name is unrestricted save and except that =
applicants=20
who are not based in the Netherlands or who do not =
have a=20
registered address in the Netherlands must provide an =
address=20
in the Netherlands where written documents can be sent =
to the=20
applicant and where legal summonses can be =
served. |
| (ii) |
Registry Policies. You agree to be bound =
by the=20
policies of the Registry including but not limited to =
the=20
Registry=92s Registration Regulations. English =
language=20
translations of the Registry=92s documents are =
provided for=20
convenience and may be found at: http://www.sidn.nl/ace.php/c,728,2679,,,,R=
egulations_for_registration_of_nl_domain_names.html.=20
You agree that, if the registration or reservation of =
your=20
domain name is challenged by a third party, you will =
be=20
subject to the provisions specified by the Registry or =
any=20
court of law. The current .nl dispute resolution =
policy and=20
procedures can be found at http://www.domai=
n-registry.nl/sidn_english/flat/General/Rules/Regulations_for_arbitration=
_on_.nl_domain_names/index.html.=20
You agree that in the event a domain name dispute =
arises with=20
any third party, you will indemnify and hold us =
harmless=20
pursuant to the terms and conditions specified by the =
Registry=20
or any court of law. =
| |
| (l) |
.tv Domains. In the case of a =93.tv=94 =
registration, the following terms and conditions will =
apply: |
|
| (i) |
Domain Name Dispute Policy. If you =
reserved or=20
registered a domain name through us, or transferred a =
domain=20
name to us from another Registrar, you agree to be =
bound by=20
the Dispute Policy that is incorporated herein and =
made a part=20
of this Agreement by reference. The current version of =
the=20
Dispute Policy may be found at http://www.icann.org/d=
ndr/udrp/policy.htm.=20
Please take the time to familiarize yourself with this =
policy. |
| (ii) |
Policy . You agree that your =
registration of the=20
.tv domain name shall be subject to suspension, =
cancellation,=20
or transfer pursuant to any ICANN or government =
adopted=20
policy, or pursuant to any Registrar or registry =
procedure not=20
inconsistent with an ICANN or government-adopted =
policy, (1)=20
to correct mistakes by us or the applicable Registry =
in=20
registering the name or (2) for the resolution of =
disputes=20
concerning the domain name. You acknowledge that you =
have=20
reviewed the .tv General Terms of Service which may be =
found=20
at: http://w=
ww.tv/en-def-5066945b5fcc/en/policies/tos.shtml=20
and expressly agree to the terms outlined therein.=20
| |
| (m) |
.uk Domains. In the case of a .uk =
registration,=20
the following terms and conditions will =
apply: |
|
| (i) |
=93Nominet UK=94 means the entity =
granted the=20
exclusive right to administer the registry for .uk =
domain name=20
registrations. |
| (ii) |
Domain Name Dispute Policy. If you =
reserved or=20
registered a domain name through us, or transferred a =
domain=20
name to us from another registrar, you agree to be =
bound by=20
the Dispute Policy which is incorporated herein and =
made a=20
part of this Agreement by reference. The current =
version of=20
the Dispute Policy may be found at: http://www.nominet.org.uk/di=
sputes/.=20
Please take the time to familiarize yourself with this =
policy.=20
|
| (iii) |
Nominet UK Policy. You agree that your=20
registration of the domain name shall be subject to=20
suspension, cancellation, or transfer pursuant to any =
Nominet=20
UK-adopted policy, term or condition, or pursuant to =
any=20
registrar or registry procedure not inconsistent with =
an=20
Nominet UK-adopted policy, (1) to correct mistakes by =
a=20
registrar or the registry in registering the name, or =
(2) for=20
the resolution of disputes concerning the domain name. =
The=20
current Nominet UK terms and conditions can be found =
at: http://www.no=
minet.org.uk/registrants/legal/terms/.=20
When you submit a request for a domain name=20
registration with Tucows and/or Reseller, you will be =
entering=20
into two contracts =96 one contract with Tucows and/or =
Reseller=20
and one contract with Nominet UK.
Tucows and =
your=20
Reseller will act as agents on your behalf by =
submitting your=20
application to Nominet for you, however, you will =
still be=20
entering into a direct contract between you and =
Nominet UK.=20
This is a separate contract from this agreement; may =
be found=20
at http://reseller=
s.tucows.com/contracts/uk/ukterms.=20
Tucows and Reseller must also make you aware that by =
accepting=20
Nominet=92s terms and conditions you are consenting to =
Nominet=20
using your personal data for a variety of reasons. In=20
particular, your name and address may be published as =
part of=20
Nominet=92s Whois look-up service. |
| (iv) |
Transfer of Ownership. Any transfer of =
ownership=20
in and to a domain name registration shall be affected =
in=20
accordance with Nominet UK policies and=20
procedures. | |
| (n) |
.us Domains. In the case of a =93.us=94 =
registration, the following terms and conditions will =
apply: |
|
| (i) |
=93DOC=94 means the United States of =
America=20
Department of Commerce. |
| (ii) |
=93.us Nexus Requirement=94. Only those =
individuals=20
or organizations that have a substantive lawful =
connection in=20
the United States are permitted to register for .usTLD =
domain=20
names. Registrants in the .usTLD must satisfy the =
nexus=20
requirement (=93Nexus=94 or =93Nexus Requirements=94) =
set out at: http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf. |
| (iii) |
Selection of a Domain Name. You certify =
and=20
represent that: |
|
| (A) |
You have and shall continue to =
have, a=20
bona fide presence in the United States on the =
basis of=20
real and substantial lawful contacts with, or =
lawful=20
activities in, the United States as defined in =
Section=20
(ii) hereinabove; |
| (B) |
The listed name servers are =
located within=20
the United States; |
| (C) |
The data provided in the domain =
name=20
registration application is true, correct, up to =
date=20
and complete, and that you will continue to keep =
all of=20
the information provided correct, up-to-date and =
complete; |
| (D) |
To the best of the your knowledge =
and=20
belief, neither this registration of a domain =
name nor=20
the manner in which it is directly or indirectly =
to be=20
used infringes upon the legal rights of a third=20
party; |
| (E) |
That the domain name is not being=20
registered for nor shall it at any time =
whatsoever be=20
used for any unlawful purpose whatsoever; =
|
| (E) |
You have the authority to enter =
into this=20
Registration =
Agreement. | |
| (iv) |
Domain Name Dispute Policy. If you =
reserved or=20
registered a domain name through us, or transferred a =
domain=20
name to us from another registrar, you agree to be =
bound by=20
the Dispute Policy and the usDRP, as defined below, =
that is=20
incorporated herein and made a part of this Agreement =
by=20
reference. Please take the time to familiarize =
yourself with=20
these policies. |
| (v) |
Domain Name Disputes. You acknowledge =
having=20
read and understood and agree to be bound by the terms =
and=20
conditions of the following documents, as they may be =
amended=20
from time to time, which are hereby incorporated and =
made an=20
integral part of this Agreement: |
|
| (A) |
The Nexus Dispute Policy =
(=93Dispute=20
Policy), available at: htt=
p://www.neustar.us/policies/docs/nexus_dispute_policy.pdf.=20
The Dispute Policy will provide interested =
parties with=20
an opportunity to challenge a registration not =
complying=20
with the Nexus Requirements. |
| (B) |
The usTLD Dispute Resolution =
Policy=20
(=93usDRP=94) available at: http://www.neustar=
.us/policies/docs/usdrp.pdf.=20
The usDRP is intended to provide interested =
parties with=20
an opportunity to challenge a registration based =
on=20
alleged trademark infringement. |
| (C) |
In addition to the foregoing, you =
agree=20
that, for the adjudication of disputes =
concerning or=20
arising from use of the Registered Name, you =
shall=20
submit, without prejudice to other potentially=20
applicable jurisdictions, to the jurisdiction of =
the=20
courts (i) of your domicile, (ii) where Tucows =
is=20
located, and (iii) the United=20
States. | |
| (vi) |
Policy. You agree that your registration =
of the=20
domain name shall be subject to suspension, =
cancellation, or=20
transfer pursuant to any Tucows, Registry Operator, =
the DOC or=20
government-adopted policy, or pursuant to any =
registrar or=20
registry procedure not inconsistent with a DOC or=20
government-adopted policy, (1) to correct mistakes by =
us or=20
the applicable Registry in registering the name or (2) =
for the=20
resolution of disputes concerning the domain name. The =
Registry Operator=92s policies can be found at http://www.neustar.us/policies.=20
|
| (vii) |
Indemnity. The DOC shall be added to the =
parties=20
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=20
and to update us promptly as such information changes =
such=20
that our records are current, complete and accurate. =
You are=20
obliged to provide us the following information: =
|
|
| (A) |
Your full name, postal address, =
e-mail=20
address and telephone number and fax number (if=20
available) (or, if different, that of the domain =
name=20
holder); |
| (B) |
The domain name being =
registered; |
| (C) |
The name, postal address, e-mail =
address,=20
and telephone number and fax number (if =
available)=20
telephone numbers of the administrative contact, =
the=20
technical contact and the billing contact for =
the domain=20
name; |
| (D) |
The IP addresses and names of the =
primary=20
nameserver and any secondary nameserver(s) for =
the=20
domain name; =
| |
| (ix) |
In addition to the foregoing, you will =
be=20
required to provide additional Nexus Information. The =
Nexus=20
Information requirements are set out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.=20
Any other information, which we request from =
you at=20
registration, is voluntary. Any voluntary information =
we=20
request is collected for the purpose of improving the =
products=20
and services offered to you through your =
Reseller. |
| (x) |
Disclosure and Use of the Registration=20
Information. You agree and acknowledge that we will =
make=20
domain name registration information you provide =
available to=20
the DOC, to the Registry Operator, and to other third =
parties=20
as applicable. You further agree and acknowledge that =
we may=20
make publicly available, or directly available to =
third party=20
vendors, some, or all, of the domain name registration =
information you provide, for purposes of inspection =
(such as=20
through our Whois service) or other purposes as =
required or=20
permitted by the DOC and applicable laws.=20
| |
|
You hereby consent to any and all such =
disclosures and=20
use of information provided by you in connection with the=20
registration of a domain name (including any updates to such =
information), whether during or after the term of your =
registration=20
of the domain name. You hereby irrevocably waive any and all =
claims=20
and causes of action you may have arising from such =
disclosure or=20
use of your domain name registration information by us. =
You=20
may access your domain name registration information in our=20
possession to review, modify or update such information, by=20
accessing our domain manager service, or similar service, =
made=20
available by us through your Reseller.
We will not =
process=20
data about any identified or identifiable natural person =
that we=20
obtain from you in a way incompatible with the purposes and =
other=20
limitations which we describe in this Agreement.
We =
will=20
take reasonable precautions to protect the information we =
obtain=20
from you from our loss, misuse, unauthorized accessor =
disclosure,=20
alteration or destruction of that information.=20
| 33. WHOIS PRIVACY SERVICE. The =
following=20
terms and conditions will apply if you subscribe to the Whois =
Privacy=20
Service:=20
| (a) |
Subscribers to the Whois Privacy Service have =
elected=20
to include the following information in the publicly =
available Whois=20
Registry: |
|
| (i) |
Contactprivacy.com shall appear as the=20
Registrant and Contacts name(s); |
| (ii) |
Tucows=92 postal address and a Tucows =
assigned=20
email address and telephone number shall appear on =
behalf of=20
the Registrant and the Contact(s); |
| (iii) |
The primary and secondary nameservers =
shall be=20
those designated by the Registrant; |
| (iv) |
The original date of registration and =
the=20
expiration of each domain name; |
| (v) |
Tucows will be identified as the =
registrar of=20
record. | |
| (b) |
You understand and agree that the Registrant =
and=20
Contact Information that you have provided will be kept on =
file. You=20
further agree and warrant that you will ensure that the =
Whois=20
Information is true, accurate and up to date. |
| (c) |
You will will retain complete control over the =
domain=20
name and its registration records and may suspend and =
reinstate the=20
Whois Privacy Service at your discretion. |
| (d) |
The Whois Privacy Service may be used with =
both new=20
and existing domain name registrations. You may use the =
Whois=20
Privacy Service with respect to a domain name that has been=20
transferred but it will only commence after the transfer has =
been=20
completed. If you wish to transfer the domain name to a =
different=20
registrar,the Whois Privacy Service must be disabled in =
order to=20
initiate the transfer. |
| (e) |
We will send all obligatory renewal and =
transfer=20
related messages to the Contacts you have designated. =
|
| (f) |
Communications Forwarding. Communications =
received=20
with respect to a particular domain name registration will =
be=20
handled as follows: |
|
| (i) |
We will forward to you or a Contact all=20
correspondence received by registered mail or =
traceable=20
courier. This information may be opened, scanned and =
emailed=20
to you or your Contact.. Regular postal mail will be =
discarded=20
or returned to sender at our discretion. |
| (ii) |
Email correspondence will be forwarded =
according=20
to the instructions of the Registrant as they appear =
in our=20
records. |
| (iii) |
A voice mail message will advise all =
callers=20
that inbound messages will not be accepted; calls will =
be=20
directed to the contactprivacy.com web site where =
written=20
messages will be forwarded according to your =
instructions.=20
|
| (iv) |
We will only be responsible for =
forwarding=20
communications where our details have appeared in the =
whois=20
and when your Whois Information is accurate, complete =
and up=20
to date. | |
| (g) |
Right to Suspend and Disable. We shall have =
the right,=20
at our sole discretion and without liability to you or any =
of your=20
Contacts, suspend or cancel your domain name and to reveal=20
Registrant and Contact Whois Information in certain =
circumstances,=20
including but not limited to the following: =
|
|
| (i) |
when required by law; |
| (ii) |
in the good faith belief that disclosure =
is=20
necessary to further determination of an alleged =
breach of a=20
law; |
| (iii) |
to comply with a legal process served =
upon=20
Tucows; |
| (iv) |
to resolve any and all third party =
claims=20
including but not limited to ICANN=92s or a =
Registry=92s dispute=20
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=20
is using the Whois Privacy Service to conceal =
involvement with=20
illegal, illicit, objectionable or harmful activities; =
or=20
|
| (vii) |
to transmit SPAM, viruses, worms or =
other=20
harmful computer =
programs. | |
| (h) |
You understand and agree that, in the event =
that we=20
receive a formal complaint, notice of claim or UDRP, that we =
will=20
have the right to disable the Whois Privacy Service pending =
final=20
disposition of the =
matter. | ACCEPTANCE OF=20
AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT =
AND AGREE=20
TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED =
THE=20
DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY =
REPRESENTATION=20
AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS=20
AGREEMENT. |